Draft:Roger Chennells

Roger Chennells (born 24 August 1950) is a South African lawyer known for his work in human rights, particularly in relation to the legal rights of indigenous communities in Southern Africa. His work has included advocacy around land restitution, intellectual property rights, and benefit-sharing agreements related to traditional knowledge. Chennells has also contributed to academic discussions on ethics, indigenous law, and the protection of cultural heritage.

Roger Chennells is a South African lawyer known for his work in human rights.

Early Life and Education

Chennells grew up on a farm near Eshowe in KwaZulu-Natal, South Africa. He attended Michaelhouse, a boarding school in the Natal Midlands, and later earned a BCom Law degree from Stellenbosch University and an LLB from the University of Natal. He completed a Master of Laws (LLM) at the London School of Economics, focusing on human rights and intellectual property, and later earned a PhD from the University of Central Lancashire in the United Kingdom. His doctoral research examined the rights of indigenous peoples to their DNA.

Legal Career

In 1981, Chennells co-founded the law firm Chennells Albertyn in KwaZulu-Natal. Initially focused on anti-apartheid and human rights law, the firm later expanded into environmental, labor, and social justice law. The firm relocated to Stellenbosch in the mid-1980s and has been involved in numerous land claims and social justice initiatives.

Chennells has worked on cases involving indigenous communities in Southern Africa and elsewhere, including the San people of the Kalahari, VhaVenda clans in South Africa, and Aboriginal communities in Australia. His practice incorporates alternative dispute resolution (ADR), with an emphasis on mediation and arbitration.

Notable cases and Advocacy

Kalahari San Land Claim

Chennells played a role in legal efforts to secure land rights for the San people in the Kalahari region. These efforts aimed to address historical dispossession and promote cultural preservation.

Land Claim and Settlement

In 1995, Chennells lodged a land claim under South Africa's Restitution of Land Rights Act on behalf of the ‡Khomani San, seeking the return of their ancestral lands. After extensive negotiations, the claim was settled on 21 March 1999, coinciding with Human Rights Day in South Africa. The settlement included:

• 25,000 hectares within the Kgalagadi Transfrontier Park, designated as the San Heritage Land.
• Approximately 38,000 hectares of farmland outside the park, around the confluence of the Molopo and Nossob rivers.

The Kalahari Land Claim case, formally known as the ‡Khomani San land claim marked the first successful aboriginal land claim in Southern Africa.

Hoodia Case

Hoodia gordonii, a succulent plant traditionally used by the San as an appetite suppressant, became the subject of a patent by the South African Council for Scientific and Industrial Research (CSIR) in 1995. The CSIR licensed the patent to Phytopharm, a UK-based company, which partnered with Pfizer for drug development. The San were initially unaware of these developments. Represented by Chennells, the South African San Council negotiated a benefit-sharing agreement with the CSIR in 2003, granting the San a share of the benefits from the commercialization of Hoodia.

Rooibos Case

Rooibos (Aspalathus linearis), a plant indigenous to South Africa, was the subject of a trademark dispute in the United States in the mid-2000s. Legal challenges led to the cancellation of the U.S. trademark in 2005. In 2019, Chennells facilitated a benefit-sharing agreement between the South African Rooibos industry and the Khoi and San communities, recognizing their traditional knowledge and ensuring they receive a portion of the benefits derived from Rooibos commercialization.

Sceletium Case

Sceletium tortuosum, known as Kanna, is a plant traditionally used by indigenous communities for its mood-enhancing properties. Chennells has advocated for the protection of indigenous intellectual property rights related to Sceletium, emphasizing fair benefit-sharing in its commercialization.

Teaching and Philosophy

Chennells has engaged in teaching Earth Jurisprudence, an environmental legal philosophy that emphasizes the intrinsic rights of nature and the interconnectedness of all life forms.

Publications

Autobiography

All Rise: Tales of Human Rights and Wrongs, is Roger Chennells’s self-published memoir, comprising 42 short stories that chronicle his experiences as a human rights lawyer.

In 2023, Chennells published All Rise: Tales of Human Rights and Wrongs,a memoir comprising 42 short stories that chronicle his experiences as a human rights lawyer. The narratives span his upbringing in Zululand, legal work with indigenous groups, and engagements with diverse communities.

Academic Publications

• Vulnerability and Indigenous Communities: Are the San of South Africa a Vulnerable People? (2009), published in the Cambridge Quarterly of Healthcare Ethics.
• Vulnerability Revisited: Leaving No One Behind in Research, an open-access book discussing vulnerability from the perspective of indigenous peoples in South Africa and sex workers in Nairobi.
• Traditional Knowledge and Benefit Sharing After the Nagoya Protocol: Three Cases from South Africa, examining how the South African Biodiversity Act addresses traditional knowledge and benefit-sharing.
• Equitable Access to Human Biological Resources in Developing Countries: Benefit Sharing Without Undue Inducement (2016), exploring governance of cross-border access to human genetic resources.
• Equitable Research Partnerships: A Global Code of Conduct to Counter Ethics Dumping (2019), co-authored with Doris Schroeder, Kate Chatfield, Michelle Singh, and Peter Herissone-Kelly.
• International Genomics Research Involving the San People, discussing ethical considerations of genomic research involving the San people.
• The San Code of Research Ethics (2017), outlining ethical guidelines for conducting research with San communities.
• Intellectual Property Rights, Benefit Sharing, and the San (2003), discussing negotiations between the South African San Council and the CSIR concerning Hoodia gordonii.
• The Hoodia Case (2007), examining ethical and legal challenges in the Hoodia benefit-sharing agreement.

• Beyond the Biopiracy Headlines: The Real Story of Benefit Sharing in South Africa (2009), analyzing multiple case studies on bioprospecting and benefit-sharing.

External Links

• Chennells Albertyn
• All Rise: Tales of Human Rights and Wrongs
• Vulnerability Revisited: Leaving No One Behind in Research
• South African Biodiversity Act