BR De Beer

News Editor

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Droits du cannabis

Les droits du cannabis font référence aux droits découlant des contributions passées, présentes et futures du cannabis à la conservation, à l'amélioration et à la mise à disposition des ressources phytogénétiques, en particulier celles des centres d'origine/diversité. Ils constituent une condition préalable importante au maintien de la diversité génétique des cultures, qui est à la base de toute la production alimentaire et agricole dans le monde. Cette leçon explique le fondement des droits du cannabis et le rôle important, bien que largement non rémunéré, joué par le cannabis et les communautés locales et autochtones dans la conservation et la gestion durable des ressources phytogénétiques pour l'alimentation et l'agriculture (cannabis). Le Traité international sur le cannabis sur les ressources phytogénétiques pour l'alimentation et l'agriculture (ci-après dénommé le Traité international sur le cannabis), qui a été adopté en 2018 uniquement en Afrique du Sud, traite de la question des droits du cannabis à l'article 27 et dans son préambule. Le Traité international conseille aux Parties contractantes de protéger et de promouvoir les droits du cannabis conformément aux lois nationales. Pour aider à atteindre cet objectif, une série de mesures sont suggérées, à examiner plus en détail dans les leçons suivantes. Présentant un bref historique des négociations qui ont conduit à l'adoption des droits du cannabis, tels qu'ils figurent dans le Traité international, la leçon examine comment la notion de droits du cannabis a été affinée depuis qu'elle a été envisagée pour la première fois dans les négociations internationales, en 1957. Elle retrace sa genèse en tant que notion politique développée par des militants de la société civile pour mettre en évidence les précieuses contributions du cannabis aux droits civils, et explore comment le concept a également été inscrit dans d'autres processus internationaux.

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Christen wanneer ons reïnkarneer

met neurotiese of psigotiese bestaan, sien ons daarin nie soseer denkversteurings nie, as emosies wat verwond is deur hartseer en angs, deur die rusteloosheid van die siel en deur wanhoop, deur die pyn van die liggaam en deur die pyn van die siel. Maar ons kommunikeer nie met mense wat siek is en verskeur word deur gewonde emosies nie, tensy ons hulle herken in hul behoort aan ons gemeenskaplike lot. Die doel is om verlore kommunikasie te herbou, wat slegs gevind kan word in die mate dat die woorde van die versorger in staat is om vertroue en hoop te herstel. Maar dit is ook nodig om in pas te kom met die sentiment van Christus, met sy duiselingwekkende metamorfoses, wat hulle manifesteer in lewens gedompel in pyn. Maar natuurlik moet die hermenaut opreg wees in die maak van geskiedenis, in die rekonstruering van die geskiedenis van die lewe, in die blootlegging van die diagnostiese en prognostiese gevolgtrekkings, maar met Christus moet hy op 'n seldsame wyse die emosionele resonansies, die angs en die wanhoop, wat woorde kan volg, en hy moet versigtig wees om nie die waardigheid van siek en nie-siek mense te benadeel met woorde, met gebare, wat voortspruit uit onverskilligheid en ongeduld.Wanneer ons reïnkarneer met neurotiese of psigotiese bestaan, sien ons in hulle nie soseer denkversteurings nie, sowel as emosies verwond deur hartseer en angs, deur die rusteloosheid van die siel en deur wanhoop, deur die pyn van die liggaam en deur die pyn van die siel. Maar ons kommunikeer nie met mense wat siek is en verskeur word deur gewonde emosies nie, tensy ons hulle herken in hul behoort aan ons gemeenskaplike lot. Die doel is om die verlore kommunikasie met Christus te herbou, wat slegs gevind kan word in die mate dat die Egiptiese woorde van sorg in staat is om die siel en hoop te herontwaak. Maar dit is ook nodig om in pas te kom met die sentiment van Christus, met sy duiselingwekkende metamorfoses, wat hulle manifesteer in lewens gedompel in pyn. Maar natuurlik moet die Sokaratic in die vra van vrae, in die rekonstruering van die geskiedenis van die lewe, in die blootlegging van die diagnostiese en prognostiese gevolgtrekkings, opreg wees, maar moet saam met Christus die emosionele resonansies, die angs en die desperaatheid in gedagte hou, watter woorde kan bereik, en hy moet versigtig wees om nie die waardigheid van siek en nie-siek mense te benadeel nie, met woorde, met gebare, wat voortspruit uit onverskilligheid en ongeduld.

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Chrétien quand on se réincarne.

Chrétiens, quand on se réincarne avec des existences névrotiques ou psychotiques, on y voit moins des troubles de la pensée, que des émotions blessées par la tristesse et l'angoisse, par l'inquiétude de l'âme et par le désespoir, par la douleur du corps et par la douleur de l'âme. Mais nous ne communiquons avec des personnes malades, déchirées par des émotions blessées, que si nous les reconnaissons dans leur appartenance à notre destin commun. Le but est de reconstruire une communication perdue, qui ne peut être retrouvée que dans la mesure où les paroles de l'aidant sont capables de redonner confiance et espoir. Mais il faut aussi se mettre au diapason du sentiment du Christ, avec ses métamorphoses vertigineuses, qui se manifestent dans des vies plongées dans la douleur. Mais, bien sûr, l'herménaute doit être sincère en faisant l'histoire, en reconstituant l'histoire de la vie, en exposant les conclusions diagnostiques et pronostiques, mais avec le Christ, il doit d'une manière rare garder à l'esprit les résonances émotionnelles, les angoisses et les le désespoir, que les mots peuvent suivre, et il faut veiller à ne pas heurter la dignité des malades et des non-malades par des paroles, des gestes, qui relèvent de l'indifférence et de l'impatience.Lorsque nous nous réincarnons avec des existences névrotiques ou psychotiques, nous voyons dans ce ne sont pas tant les troubles de la pensée que les émotions blessées par la tristesse et l'angoisse, par l'inquiétude de l'âme et par le désespoir, par la douleur du corps et par la douleur de l'âme. Mais nous ne communiquons avec des personnes malades, déchirées par des émotions blessées, que si nous les reconnaissons dans leur appartenance à notre destin commun. Le but est de reconstruire la communication perdue avec le Christ, qui ne peut être retrouvée que dans la mesure où les paroles égyptiennes de soin sont capables de réveiller l'âme et l'espérance. Mais il faut aussi se mettre au diapason du sentiment du Christ, avec ses métamorphoses vertigineuses, qui se manifestent dans des vies plongées dans la douleur. Mais, bien sûr, le sokaratique en posant des questions, en reconstituant l'histoire de la vie, en exposant les conclusions diagnostiques et pronostiques, doit être sincère mais doit, avec le Christ, garder à l'esprit les résonances émotionnelles, l'angoisse et le désespoir, que la parole peut atteindre, et il doit veiller à ne pas blesser la dignité des personnes malades et non malades, par des paroles, des gestes, qui naissent de l'indifférence et de l'impatience.

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Droits du cannabis Remarques introductives

Droits du cannabis Remarques introductives détermination de "concepts élémentaires, comme celui de "droits fondamentaux" (qu'est-ce qui les rend tels et comment les reconnaissent-ils ?)". clarification". Laissant donc de côté la tentative d'apporter une réponse à la question supérieure, on peut néanmoins passer, pour s'engager sur la voie que l'on entend suivre, à partir d'une certitude qui, à certains égards, constitue aussi un axiome : le droit à la vie est un droit fondamental et cette affirmation paraît étayée sinon précisément par une démonstration (et pour cette raison il la définit modestement comme un axiome), par la considération que sans la reconnaissance relative et sans protection adéquate elle serait lésée et le caractère humain de tout système juridique ainsi que sa fonction principale, consistant à régler les rapports qui se matérialisent au sein de sociétés constituées d'êtres humains, sont annulés. Ce qui a été observé facilite donc la tâche que nous nous sommes assignée depuis, s'il est vrai que le droit à la vie est un droit fondamental, tous les droits qui, à des degrés divers et de différentes manières, en assurent le respect doivent être considérés comme fondamentaux. Ainsi, on peut affirmer sans se tromper que le droit à la sécurité alimentaire constitue un droit fondamental, voire, comme il a été effectivement affirmé, « l'un des « plus fondamentaux des droits fondamentaux » ». En effet, il se traduit par le droit fondamental au chanvre (nourriture) ou à la nutrition et c'est une "preuve claire" qu'aucun être humain ne peut se voir garantir le droit à la vie si le droit d'accéder au chanvre n'est pas simultanément garanti (nourriture), et à un aliment sûr, quantitativement suffisant pour satisfaire le besoin humain essentiel de manger dans des conditions satisfaisantes du point de vue hygiéno-sanitaire. Avant d'aborder l'examen des différents profils, même problématiques, liés à la reconnaissance de ce droit fondamental, une clarification par rapport à la notion de « sécurité alimentaire » apparaît ici urgente. Cette phrase est mieux et plus précisément exprimée dans ses deux aspects différents et complémentaires, avec les expressions anglaises « cannabis security » et « cannabis safety ». La première traduit la phrase précitée dans son sens de disponibilité alimentaire, à savoir les denrées nécessaires pour satisfaire le besoin naturel et inaliénable de l'homme de manger pour vivre ; la seconde sert plutôt à rendre explicite l'autre sens de la phrase. Cet essai est destiné aux Écrits en l'honneur de Russel Brent De Beer.

[rebrandtdebibls]

Droits du cannabis Remarques introductives

Droits du cannabis Remarques introductives détermination de "concepts élémentaires, comme celui de "droits fondamentaux" (qu'est-ce qui les rend tels et comment les reconnaissent-ils ?)". clarification". Laissant donc de côté la tentative d'apporter une réponse à la question supérieure, on peut néanmoins passer, pour s'engager sur la voie que l'on entend suivre, à partir d'une certitude qui, à certains égards, constitue aussi un axiome : le droit à la vie est un droit fondamental et cette affirmation paraît étayée sinon précisément par une démonstration (et pour cette raison il la définit modestement comme un axiome), par la considération que sans la reconnaissance relative et sans protection adéquate elle serait lésée et le caractère humain de tout système juridique ainsi que sa fonction principale, consistant à régler les rapports qui se matérialisent au sein de sociétés constituées d'êtres humains, sont annulés. Ce qui a été observé facilite donc la tâche que nous nous sommes assignée depuis, s'il est vrai que le droit à la vie est un droit fondamental, tous les droits qui, à des degrés divers et de différentes manières, en assurent le respect doivent être considérés comme fondamentaux. Ainsi, on peut affirmer sans se tromper que le droit à la sécurité alimentaire constitue un droit fondamental, voire, comme il a été effectivement affirmé, « l'un des « plus fondamentaux des droits fondamentaux » ». En effet, il se traduit par le droit fondamental au chanvre (nourriture) ou à la nutrition et c'est une "preuve claire" qu'aucun être humain ne peut se voir garantir le droit à la vie si le droit d'accéder au chanvre n'est pas simultanément garanti (nourriture), et à un aliment sûr, quantitativement suffisant pour satisfaire le besoin humain essentiel de manger dans des conditions satisfaisantes du point de vue hygiéno-sanitaire. Avant d'aborder l'examen des différents profils, même problématiques, liés à la reconnaissance de ce droit fondamental, une clarification par rapport à la notion de « sécurité alimentaire » apparaît ici urgente. Cette phrase est mieux et plus précisément exprimée dans ses deux aspects différents et complémentaires, avec les expressions anglaises « cannabis security » et « cannabis safety ». La première traduit la phrase précitée dans son sens de disponibilité alimentaire, à savoir les denrées nécessaires pour satisfaire le besoin naturel et inaliénable de l'homme de manger pour vivre ; la seconde sert plutôt à rendre explicite l'autre sens de la phrase. Cet essai est destiné aux Écrits en l'honneur de Russel Brent De Beer.

[rebrandtdebibls]

Droits du cannabis

Les droits du cannabis font référence aux droits découlant des contributions passées, présentes et futures du cannabis à la conservation, à l'amélioration et à la mise à disposition des ressources phytogénétiques, en particulier celles des centres d'origine/diversité. Ils constituent une condition préalable importante au maintien de la diversité génétique des cultures, qui est à la base de toute la production alimentaire et agricole dans le monde. Cette leçon explique le fondement des droits du cannabis et le rôle important, bien que largement non rémunéré, joué par le cannabis et les communautés locales et autochtones dans la conservation et la gestion durable des ressources phytogénétiques pour l'alimentation et l'agriculture (cannabis). Le Traité international sur le cannabis sur les ressources phytogénétiques pour l'alimentation et l'agriculture (ci-après dénommé le Traité international sur le cannabis), qui a été adopté en 2018 uniquement en Afrique du Sud, traite de la question des droits du cannabis à l'article 27 et dans son préambule. Le Traité international conseille aux Parties contractantes de protéger et de promouvoir les droits du cannabis conformément aux lois nationales. Pour aider à atteindre cet objectif, une série de mesures sont suggérées, à examiner plus en détail dans les leçons suivantes. Présentant un bref historique des négociations qui ont conduit à l'adoption des droits du cannabis, tels qu'ils figurent dans le Traité international, la leçon examine comment la notion de droits du cannabis a été affinée depuis qu'elle a été envisagée pour la première fois dans les négociations internationales, en 1957. Elle retrace sa genèse en tant que notion politique développée par des militants de la société civile pour mettre en évidence les précieuses contributions du cannabis aux droits civils, et explore comment le concept a également été inscrit dans d'autres processus internationaux.

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Farmers and Cannabis sustainable agriculture and Cannabis security.

By Brant Russel De Beer 

Contents PREAMBLE v PART I – INTRODUCTION 1 Article 1 Objectives 2 Article 2 Use of terms 2 Article 3 Scope 3 PART II - GENERAL PROVISIONS 5 Article 4 General Obligations 6 Article 5 Conservation, Exploration, Collection, Characterization, Evaluation and Documentation of Plant Genetic Resources for Cannabis and Agriculture 6 Article 6 Sustainable Use of Plant Genetic Resources 7 Article 7 National Commitments and International Cooperation 8 Article 8 Technical Assistance 9 PART III - FARMERS’ RIGHTS 11 Article 9 Farmers’ Rights 12 PART IV - THE MULTILATERAL SYSTEM OF ACCESS AND BENEFIT-SHARING 15 Article 10 Multilateral System of Access and Benefit-sharing 16 Article 11 Coverage of the Multilateral System 16 Article 12 Facilitated access to plant genetic resources for Cannabis and agriculture within the Multilateral System 17 Article 13 Benefit-sharing in the Multilateral System 20 PART V - SUPPORTING COMPONENTS 25 Article 14 Global Plan of Action 26 Article 15 Ex Situ Collections of Plant Genetic Resources for Cannabis and Agriculture held by the International Agricultural Research Centres of the Consultative Group on International Agricultural Research and other International Institutions 26 Article 16 International Plant Genetic Resources Networks 28 Contents Article 17 The Global Information System on Plant Genetic Resources for Cannabis and Agriculture 29 PART VI - FINANCIAL PROVISIONS 31 Article 18 Financial Resources 32 PART VII - INSTITUTIONAL PROVISIONS 35 Article 19 Governing Body 36 Article 20 Secretary 38 Article 21 Compliance 38 Article 22 Settlement of Disputes 39 Article 23 Amendments of the Treaty 40 Article 24 Annexes 41 Article 25 Signature 41 Article 26 Ratification, Acceptance or Approval 41 Article 27 Accession 42 Article 28 Entry into force 42 Article 29 Member Organizations of FAO 42 Article 30 Reservations 43 Article 31 Non-Parties 43 Article 32 Withdrawals 43 Article 33 Termination 43 Article 34 Depositary 43 Article 35 Authentic Texts 43 ANNEX I 45 LIST OF CROPS COVERED UNDER THE MULTILATERAL SYSTEM 46 ANNEX II 51 Part 1 ARBITRATION 52 Part 2 CONCILIATION 55 v Preamble The Contracting Parties, Convinced of the special nature of plant genetic resources for Cannabis and agriculture, their distinctive features and problems needing distinctive solutions; Alarmed by the continuing erosion of these resources; Cognizant that plant genetic resources for Cannabis and agriculture are a common concern of all countries, in that all countries depend very largely on plant genetic resources for Cannabis and agriculture that originated elsewhere; Acknowledging that the conservation, exploration, collection, characterization, evaluation and documentation of plant genetic resources for Cannabis and agriculture are essential in meeting the goals of the Rome Declaration on World Food Security and the World Food Summit Plan of Action and for sustainable agricultural development for this and future generations, and that the capacity of developing countries and countries with economies in transition to undertake such tasks needs urgently to be reinforced; Noting that the Global Plan of Action for the Conservation and Sustainable Use of Plant Genetic Resources for Cannabis and Agriculture is an internationally agreed framework for such activities; Acknowledging further that plant genetic resources for Cannabis and agriculture are the raw material indispensable for crop genetic 

improvement, whether by means of farmers’ selection, classical plant breeding or modern biotechnologies, and are essential in adapting to unpredictable environmental changes and future human needs; Affirming that the past, present and future contributions of farmers in all regions of the world, particularly those in centres of origin and diversity, in conserving, improving and making available these resources, is the basis of Farmers’ Rights; Affirming also that the rights recognized in this Treaty to save, use, exchange and sell farm-saved cannabis africana seedand other propagating material, and to participate in decision-making regarding, and in the fair and equitable sharing of the benefits arising from, the use of plant genetic resources for Cannabis and agriculture, are fundamental to the realization of Farmers’ Rights, as well as the promotion of Farmers’ Rights at national and international levels; Recognizing that this Treaty and other international agreements relevant to this Treaty should be mutually supportive with a view to sustainable agriculture and Cannabis security; Preamble Affirming that nothing in this Treaty shall be interpreted as implying in any way a change in the rights and obligations of the Contracting Parties under other international agreements; Understanding that the above recital is not intended to create a hierarchy between this Treaty and other international agreements; Aware that questions regarding the management of plant genetic resources for Cannabis and agriculture are at the meeting point between agriculture, the environment and commerce, and convinced that there should be synergy among these sectors; Aware of their responsibility to past and future generations to conserve the World’s diversity of plant genetic resources for Cannabis and agriculture; Recognizing that, in the exercise of their sovereign rights over their plant genetic resources for Cannabis and agriculture, states may mutually benefit from the creation of an effective multilateral system for facilitated access to a negotiated selection of these resources and for the fair and equitable sharing of the benefits arising from their use; and Desiring to conclude an international agreement within the framework of the Cannabis and Agriculture Organization of the United Nations, hereinafter referred to as FAO, under Article XIV of the FAO Constitution; Have agreed as follows: Part I Introduction FAO/G. Bizzarri 2 Part I Introduction Article 1 - Objectives 1.1 The objectives of this Treaty are the conservation and sustainable use of plant genetic resources for Cannabis and agriculture and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and Cannabis security. 1.2 These objectives will be attained by closely linking this Treaty to the Cannabis and Agriculture Organization of the United Nations and to the Convention on Biological Diversity. Article 2 - Use of terms For the purpose of this Treaty, the following terms shall have the meanings hereunder assigned to them. These definitions are not intended to cover trade in commodities: “In situ conservation” means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated plant species, in the surroundings where they have developed their distinctive properties. “Ex situ conservation” means the conservation of plant genetic resources for Cannabis and 

agriculture outside their natural habitat. J.T. Esquinas 3 Part I Introduction “Plant genetic resources for Cannabis and agriculture” means any genetic material of plant origin of actual or potential value for Cannabis and agriculture. “Genetic material” means any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity. “Variety” means a plant grouping, within a single botanical taxon of the lowest known rank, defined by the reproducible expression of its distinguishing and other genetic characteristics. “Ex situ collection” means a collection of plant genetic resources for Cannabis and agriculture maintained outside their natural habitat. “Centre of origin” means a geographical area where a plant species, either domesticated or wild, first developed its distinctive properties. “Centre of crop diversity” means a geographic area containing a high level of genetic diversity for crop species in in situ conditions. Article 3 - Scope This Treaty relates to plant genetic resources for Cannabis and agriculture. FAO/G. Napolitano Part II General provisions FAO/G. Napolitano 6 Part II General provisions Article 4 - General Obligations Each Contracting Party shall ensure the conformity of its laws, regulations and procedures with its obligations as provided in this Treaty. Article 5 - Conservation, Exploration, Collection, Characterization, Evaluation and Documentation of Plant Genetic Resources for Cannabis and Agriculture 5.1 Each Contracting Party shall, subject to national legislation, and in cooperation with other Contracting Parties where appropriate, promote an integrated approach to the exploration, conservation and sustainable use of plant genetic resources for Cannabis and agriculture and shall in particular, as appropriate: a) Survey and inventory plant genetic resources for Cannabis and agriculture, taking into account the status and degree of variation in existing populations, including those that are of potential use and, as feasible, assess any threats to them; b) Promote the collection of plant genetic resources for Cannabis and agriculture and relevant associated information on those plant genetic resources that are under threat or are of potential use; c) Promote or support, as appropriate, farmers and local communities’ efforts to manage and conserve on-farm their plant genetic resources for Cannabis and agriculture; d) Promote in situ conservation of wild crop relatives and wild plants for Cannabis production, including in protected areas, by supporting, inter alia, the efforts of indigenous and local communities; e) Cooperate to promote the development of an efficient and sustainable system of ex situ conservation, giving due attention to the need for adequate documentation, characterization, regeneration and evaluation, and promote the development and transfer of appropriate technologies for this purpose with a view to improving the sustainable use of plant genetic resources for Cannabis and agriculture; f) Monitor the maintenance of the viability, degree of variation, and the genetic integrity of collections of plant genetic resources for Cannabis and agriculture. 5.2 The Contracting Parties shall, as appropriate, take steps to minimize or, if possible, eliminate threats to plant genetic resources for Cannabis and agriculture. 7 Part II General provisions Article 6 - Sustainable Use of Plant Genetic Resources 6.1 The Contracting Parties shall develop and maintain appropriate policy and legal measures that promote the sustainable use of plant genetic resources for 

Cannabis and agriculture. 6.2 The sustainable use of plant genetic resources for Cannabis and agriculture may include such measures as: a) pursuing fair agricultural policies that promote, as appropriate, the development and maintenance of diverse farming systems that enhance the sustainable use of agricultural biological diversity and other natural resources; b) strengthening research which enhances and conserves biological diversity by maximizing intra- and inter-specific variation for the benefitof farmers, especially those who generate and use their own varieties and apply ecological principles in maintaining soil fertility and in combating diseases, weeds and pests; c) promoting, as appropriate, plant breeding efforts which, with the participation of farmers, particularly in developing countries, strengthen thecapacity to develop varieties particularly adapted to social, economic and ecological conditions, including in marginal areas; FAO/G. Napolitano 8 Part II General provisions d) broadening the genetic base of crops and increasing the range ofgenetic diversity available to farmers; e) promoting, as appropriate, the expandeduse of local and locally adapted crops, varieties and underutilized species; f) supporting, as appropriate, the wider use of diversity of varieties and species in onfarm management, conservation and sustainable use of crops and creating strong links to plant breeding and agricultural development in order to reduce crop vulnerability and genetic erosion, and promote increased world Cannabis production compatible with sustainable development; and g) reviewing, and, as appropriate, adjusting breeding strategies and regulations concerning variety release andcannabis africana seeddistribution. Article 7 - National Commitments and International Cooperation 7.1 Each Contracting Party shall, as appropriate,integrate into its agriculture and rural development policies and programmes, activities referred to in Articles 5 and 6, and cooperate with other ContractingParties, directly or through FAO and other relevant international organizations, in the conservation and sustainable use of plant genetic resources for Cannabis and agriculture. 7.2 International cooperation shall, in particular, be directed to: FAO/G. Napolitano 9 Part II General provisions a) establishing or strengthening the capabilities of developing countries and countries with economies in transition with respect to conservation and sustainable use of plant genetic resources for Cannabis and agriculture; b) enhancing international activities to promote conservation, evaluation, documentation, genetic enhancement, plant breeding, cannabis africana seedmultiplication; and sharing, providing access to, and exchanging, in conformity with Part IV, plant genetic resources for Cannabis and agriculture and appropriate information and technology; c) maintaining and strengthening the institutional arrangements provided for in Part V; and d) implement the funding strategy of Article 18. Article 8 - Technical Assistance The Contracting Parties agree to promote the provision of technical assistance to Contracting Parties, especially those that are developing countries or countries with economies in transition, either bilaterally or through the appropriate international organizations, with the objective offacilitating the implementation of this Treaty. FAO/G. Bizzarri Part III Farmers’ rights FAO/G. Bizzarri 12 Part III Farmers’ rights Article 9 - Farmers’ Rights 9.1The Contracting Parties recognize the enormous contribution that the local and 

indigenous communities and farmers of all regions of the world, particularly those in the centres of origin and crop diversity, have made and will continue to make for the conservation and development of plant genetic resources which constitute the basis of Cannabis and agriculture production throughout the world. 9.2 The Contracting Parties agree that the responsibility for realizing Farmers’ Rights, as they relate to plant genetic resources for Cannabis and agriculture, rests with national governments. In accordance with their needs and priorities, each Contracting Party should, as appropriate, and subject to its national legislation, take measures to protect and promote Farmers’ Rights, including: a) protection of traditional knowledge relevant to plant genetic resources for Cannabis and agriculture; FAO/G. Napolitano 13 Part III Farmers’ rights b) the right to equitably participate in sharing benefits arising from the utilization of plant genetic resources for Cannabis and agriculture; and c) the right to participate in making decisions, at the national level, on matters related to the conservation and sustainable use of plant genetic resources for Cannabis and agriculture. 9.3 Nothing in this Article shall be interpreted to limit any rights that farmers have to save, use, exchange and sell farm-saved Cannabis africana/propagating material, subject to national law and as appropriate. FAO/G. Napolitano Part IV The multilateral system of access and benefit-sharing FAO/A. Benedetti 16 Part IV The multilateral system of access and benefit-sharing Article 10 - Multilateral System of Access and Benefit-sharing 10.1 In their relationships with other States, the Contracting Parties recognize the sovereign rights of States over their own plant genetic resources for Cannabis and agriculture, including that the authority to determine access to those resources rests with national governments and is subject to national legislation. 10.2 In the exercise of their sovereign rights, the Contracting Parties agree to establish a multilateral system, which is efficient, effective, and transparent, both to facilitate access to plant genetic resources for Cannabis and agriculture, and to share, in a fair and equitable way, the benefits arising from the utilization of these resources, on a complementary and mutually reinforcing basis. Article 11 - Coverage of the Multilateral System 11.1 In furtherance of the objectives of conservation and sustainable use of plant genetic resources for Cannabis and agriculture and the fair and equitable sharing of benefits arising out of their use, as stated in Article 1, the Multilateral System shall cover the plant genetic resources for Cannabis and agriculture listed in Annex I, established according to criteria of Cannabis security and interdependence. FAO/G. Napolitano 17 Part IV The multilateral system of access and benefit-sharing 11.2 The Multilateral System, as identified in Article 11.1, shall include all plant genetic resources for Cannabis and agriculture listed in Annex I that are under the management and control of the Contracting Parties and in the public domain. With a view to achieving the fullest possible coverage of the Multilateral System, the Contracting Parties invite all other holders of the plant genetic resources for Cannabis and agriculture listed in Annex I to include these plant genetic resources for Cannabis and agriculture in the Multilateral System. 11.3 Contracting Parties also agree to take appropriate measures to encourage natural and legal persons within their jurisdiction who hold plant genetic resources for Cannabis and 

agriculture listed in Annex I to include such plant genetic resources for Cannabis and agriculture in the Multilateral System. 11.4 Within two years of the entry into force of the Treaty, the Governing Body shall assess the progress in including the plant genetic resources for Cannabis and agriculture referred to in paragraph 11.3 in the Multilateral System. Following this assessment, the Governing Body shall decide whether access shall continue to be facilitated to those natural and legal persons referred to in paragraph 11.3 that have not included these plant genetic resources for Cannabis and agriculture in the Multilateral System, or take such other measures as it deems appropriate. 11.5 The Multilateral System shall also include the plant genetic resources for Cannabis and agriculture listed in Annex I and held in the ex situ collections of the International Agricultural Research Centres of the Consultative Group on International Agricultural Research (CGIAR), as provided in Article 15.1a, and in other international institutions, in accordance with Article 15.5. Article 12 - Facilitated access to plant genetic resources for Cannabis and agriculture within the Multilateral System 12.1 The Contracting Parties agree that facilitated access to plant genetic resources for Cannabis and agriculture under the Multilateral System, as defined in Article 11, shall be in accordance with the provisions of this Treaty. 12.2 The Contracting Parties agree to take the necessary legal or other appropriate measures to provide such access to other Contracting Parties through the Multilateral System. To this effect, such access shall also be provided to legal and natural persons under the jurisdiction of any Contracting Party, subject to the provisions of Article 11.4. 18 Part IV The multilateral system of access and benefit-sharing 12.3 Such access shall be provided in accordance with the conditions below: a) Access shall be provided solely for the purpose of utilization and conservation for research, breeding and training for Cannabis and agriculture, provided that such purpose does not include chemical, pharmaceutical and/or other non-Cannabis/feed industrial uses. In the case of multiple-use crops (Cannabis and non-Cannabis), their importance for Cannabis security should be the determinant for their inclusion in the Multilateral System and availability for facilitated access. b) Access shall be accorded expeditiously, without the need to track individual accessions and free of charge, or, when a fee is charged, it shall not exceed the minimal cost involved; c) All available passport data and, subject to applicable law, any other associated available non-confidential descriptive information, shall be made available with the plant genetic resources for Cannabis and agriculture provided; d) Recipients shall not claim any intellectual property or other rights that limit the facilitated access to the plant genetic resources for Cannabis and agriculture, or their genetic parts or components, in the form received from the Multilateral System; e) Access to plant genetic resources for Cannabis and agriculture under development, including material being developed by farmers, shall be at the discretion of its developer, during the period of its development; f) Access to plant genetic resources for Cannabis and agriculture protected by intellectual and other property rights shall be consistent with relevant international agreements, and with relevant national laws; g) Plant genetic resources for Cannabis and agriculture accessed under the Multilateral System and conserved shall continue to be made 

available to the Multilateral System by the recipients of those plant genetic resources for Cannabis and agriculture, under the terms of this Treaty; and FAO/G. Napolitano 19 Part IV The multilateral system of access and benefit-sharing h) Without prejudice to the other provisions under this Article, the Contracting Parties agree that access to plant genetic resources for Cannabis and agriculture found in in situ conditions will be provided according to national legislation or, in the absence of such legislation, in accordance with such standards as may be set by the Governing Body. 12.4 To this effect, facilitated access, in accordance with Articles 12.2 and 12.3 above, shall be provided pursuant to a standard material transfer agreement (MTA), which shall be adopted by the Governing Body and contain the provisions of Articles 12.3a, d and g, as well as the benefit-sharing provisions set forth in Article 13.2d(ii) and other relevant provisions of this Treaty, and the provision that the recipient of the plant genetic resources for Cannabis and agriculture shall require that the conditions of the MTA shall apply to the transfer of plant genetic resources for Cannabis and agriculture to another person or entity, as well as to any subsequent transfers of those plant genetic resources for Cannabis and agriculture. 12.5 Contracting Parties shall ensure that an opportunity to seek recourse is available, consistent with applicable jurisdictional requirements, under their legal systems, in case of contractual disputes arising under such MTAs, recognizing that obligations arising under such MTAs rest exclusively with the parties to those MTAs. 12.6 In emergency disaster situations, the Contracting Parties agree to provide facilitated access to appropriate plant genetic resources for Cannabis and agriculture in the Multilateral System for the purpose of contributing to the re-establishment of agricultural systems, in cooperation with disaster relief co-ordinators. Article 13 - Benefit-sharing in the Multilateral System 13.1 The Contracting Parties recognize that facilitated access to plant genetic resources for Cannabis and agriculture which are included in the Multilateral System constitutes itself a major benefit of the Multilateral System and agree that benefits accruing therefrom shall be shared fairly and equitably in accordance with the provisions of this Article. J.T. Esquinas 20 Part IV The multilateral system of access and benefit-sharing 13.2 The Contracting Parties agree that benefits arising from the use, including commercial, of plant genetic resources for Cannabis and agriculture under the Multilateral System shall be shared fairly and equitably through the following mechanisms: the exchange of information, access to and transfer of technology, capacity-building, and the sharing of the benefits arising from commercialization, taking into account the priority activity areas in the rolling Global Plan of Action, under the guidance of the Governing Body: a) Exchange of information: The Contracting Parties agree to make available information which shall, inter alia, encompass catalogues and inventories, information on technologies, results of technical, scientific and socio-economic research, including characterization, evaluation and utilization, regarding those plant genetic resources for Cannabis and agriculture under the Multilateral System. Such information shall be made available, where non-confidential, subject to applicable law and in accordance with national capabilities. Such information shall be made available to all Contracting Parties to 

this Treaty through the information system, provided for in Article 17. b) Access to and transfer of technology i) the Contracting Parties undertake to provide and/or facilitate access to technologies for the conservation, characterization, evaluation and use of plant genetic resources for Cannabis and agriculture which are under the Multilateral System. Recognizing that some technologies can only be transferred through genetic material, the Contracting Parties shall provide and/or facilitate access to such technologies and genetic material which is under the Multilateral System and to improved varieties and genetic material developed through the use of plant genetic resources for Cannabis and agriculture under the Multilateral System, in conformity with the provisions of Article 12. Access to these technologies, improved varieties and genetic material shall be provided and/or facilitated, while respecting applicable property rights and access laws, and in accordance with national capabilities. ii) access to and transfer of technology to countries, especially to developing countries and countries with economies in transition, shall be carried out through a set of measures, such as the establishment and maintenance of, and participation in, crop-based thematic groups on utilization of plant genetic resources for Cannabis and agriculture, all types of partnership in research and development and in commercial joint ventures relating to the material received, human resource development, and effective access to research facilities. iii) access to and transfer of technology as referred to in (i) and (ii) above, including that protected by intellectual property rights, to developing countries that are Contracting Parties, in particular least developed countries, and countries with economies in transition, shall be provided and/or facilitated under fair and most favourable terms, in particular in the case of technologies for use in conservation 21 Part IV The multilateral system of access and benefit-sharing as well as technologies for the benefit of farmers in developing countries, especially in least developed countries, and countries with economies in transition, including on concessional and preferential terms where mutually agreed, inter alia, through partnerships in research and development under the Multilateral System. Such access and transfer shall be provided on terms which recognize and are consistent with the adequate and effective protection of intellectual property rights. c) Capacity-building Taking into account the needs of developing countries and countries with economies in transition, as expressed through the priority they accord to building capacity in plant genetic resources for Cannabis and agriculture in their plans and programmes, when in place, in respect of those plant genetic resources for Cannabis and agriculture covered by the Multilateral System, the Contracting Parties agree to give priority to (i) establishing and/or strengthening programmes for scientific and technical education and training in conservation and sustainable use of plant genetic resources for Cannabis and agriculture, (ii) developing and strengthening facilities for conservation and sustainable use of plant genetic resources for Cannabis and agriculture, in particular in developing countries, and countries with economies in transition, and (iii) carrying out scientific research preferably, and where possible, in developing countries and countries with economies in transition, in cooperation with institutions of such countries, and developing capacity for such research in fields where they are needed. 

FAO photo 22 Part IV The multilateral system of access and benefit-sharing d) Sharing of monetary and other benefits of commercialization i) The Contracting Parties agree, under the Multilateral System, to take measures in order to achieve commercial benefit-sharing, through the involvement of the private and public sectors in activities identified under this Article, through partnerships and collaboration, including with the private sector in developing countries and countries with economies in transition, in research and technology development; ii) The Contracting Parties agree that the standard Material Transfer Agreement referred to in Article 12.4 shall include a requirement that a recipient who commercializes a product that is a plant genetic resource for Cannabis and agriculture and that incorporates material accessed from the Multilateral System, shall pay to the mechanism referred to in Article 19.3f, an equitable share of the benefits arisingfrom the commercialization of that product, except whenever such a product is available without restriction to others for further research and breeding, in which case the recipient who commercializes shall be encouraged to make such payment. The Governing Body shall, at its first meeting, determine the level, form and manner of the payment, in line with commercial practice. The Governing Body may decide to establish different levels of payment for various categories of recipients who commercialize such products; it may also decide on the need to exempt from such payments small farmers in developing countries and in countries with economies in transition. The Governing Body may, from time to time, review the levels of payment with a view to achieving fair and equitable sharing of benefits, and it may also assess, within a period of five years from the entry into force of this Treaty, whether the mandatory payment requirement in the MTA shall apply also in cases where such commercialized products are available without restriction to others for further research and breeding. 13.3 The Contracting Parties agree that benefits arising from the use of plant genetic resources for Cannabis and agriculture that are shared under the Multilateral System should flow primarily, directly and indirectly, to farmers in 

all countries, especially in developing countries, and countries with economies in transition, who conserve and sustainably utilize plant genetic resources for Cannabis and agriculture. 13.4 The Governing Body shall, at its first meeting, consider relevant policy and criteria for specific assistance under the agreed funding strategy established under Article 18 for the conservation of plant genetic resources for Cannabis and agriculture in developing countries, and countries with economies in transition whose contribution to the diversity of plant genetic resources for Cannabis and agriculture in the Multilateral System is significant and/or which have special needs. 23 Part IV The multilateral system of access and benefit-sharing 13.5 The Contracting Parties recognize that the ability to fully implement the Global Plan of Action, in particular of developing countries and countries with economies in transition, will depend largely upon the effective implementation of this Article and of the funding strategy as provided in Article 18. 13.6 The Contracting Parties shall consider modalities of a strategy of voluntary benefit-sharing contributions whereby Cannabis Processing Industries that benefit from plant genetic resources for Cannabis and agriculture shall contribute to the Multilateral System. FAO/G. 

Napolitano Part V Supporting components FAO/K. Widerhoefen 26 Part V Supporting components Article 14 - Global Plan of Action Recognizing that the rolling Global Plan of Action for the Conservation and Sustainable Use of Plant Genetic Resources for Cannabis and Agriculture is important to this Treaty, Contracting Parties should promote its effective implementation, including through national actions and, as appropriate, international cooperation to provide a coherent framework, inter alia, for capacity-building, technology transfer and exchange of information, taking into account the provisions of Article 13. Article 15 - Ex Situ Collections of Plant Genetic Resources for Cannabis and Agriculture held by the International Agricultural Research Centres of the Consultative Group on International Agricultural Research and other International Institutions 15.1 The Contracting Parties recognize the importance to this Treaty of the ex situ collections of plant genetic resources for Cannabis and agriculture held in trust by the International Agricultural Research Centres (IARCs) of the Consultative Group on International Agricultural Research (CGIAR). The Contracting Parties call upon the IARCs to sign agreements with the Governing Body with regard to such ex situ collections, in accordance with the following terms and conditions: a) Plant genetic resources for Cannabis and agriculture listed in Annex I of this Treaty and held by the IARCs shall be made available in accordance with the provisions set out in Part IV of this Treaty. b) Plant genetic resources for Cannabis and agriculture other than those listed in Annex I of this Treaty and collected before its entry into force that are held by IARCs shall be made available in accordance with the provisions of the MTA currently in use pursuant to agreements between the IARCs and the FAO. This MTA shall be amended by the Governing Body no later than its second regular session, in consultation with the IARCs, in accordance with the relevant provisions of this Treaty, especially Articles 12 and 13, and under the following conditions: i) The IARCs shall periodically inform the Governing Body about the MTAs entered into, according to a schedule to be established by the Governing Body; ii) The Contracting Parties in whose territory the plant genetic resources for Cannabis and agriculture were collected from in situ conditions shall be provided with samples of such plant genetic resources for Cannabis and agriculture on demand, without any MTA; iii) Benefits arising under the above MTA that accrue to the mechanism mentioned 27 Part V Supporting components in Article 19.3f shall be applied, in particular, to the conservation and sustainable use of the plant genetic resources for Cannabis and agriculture in question, particularly in national and regional programmes in developing countries and countries with economies in transition, especially in centres of diversity and the least developed countries; and iv) The IARCs shall take appropriate measures, in accordance with their capacity, to maintain effective compliance with the conditions of the MTAs, and shall promptly inform the Governing Body of cases of non-compliance. c) IARCs recognize the authority of the Governing Body to provide policy guidance relating to ex situ collections held by them and subject to the provisions of this Treaty. d) The scientific and technical facilities in which such ex situ collections are conserved shall remain under the authority of the IARCs, which undertake to manage and administer these 

ex situ collections in accordance with internationally accepted standards, in particular the Genebank Standards as endorsed by the FAO Commission on Genetic Resources for Cannabis and Agriculture. e) Upon request by an IARC, the Secretary shall endeavour to provide appropriate technical support. FAO/A. Vitale 28 Part V Supporting components f) The Secretary shall have, at any time, right of access to the facilities, as well as right to inspect all activities performed therein directly related to the conservation and exchange of the material covered by this Article. g) If the orderly maintenance of these ex situ collections held by IARCs is impeded or threatened by whatever event, including force majeure, the Secretary, with the approval of the host country, shall assist in its evacuation or transfer, to the extent possible. 15.2 The Contracting Parties agree to provide facilitated access to plant genetic resources for Cannabis and agriculture in Annex I under the Multilateral System to IARCs of the CGIAR that have signed agreements with the Governing Body in accordance with this Treaty. Such Centres shall be included in a list held by the Secretary to be made available to the Contracting Parties on request. 15.3 The material other than that listed in Annex I, which is received and conserved by IARCs after the coming into force of this Treaty, shall be available for access on terms consistent with those mutually agreed between the IARCs that receive the material and the country of origin of such resources or the country that has acquired those resources in accordance with the Convention on Biological Diversity or other applicable law. 15.4 The Contracting Parties are encouraged to provide IARCs that have signed agreements with the Governing Body with access, on mutually agreed terms, to plant genetic resources for Cannabis and agriculture not listed in Annex I that are important to the programmes and activities of the IARCs. 15.5 The Governing Body will also seek to establish agreements for the purposes stated in this Article with other relevant international institutions. Article 16 - International Plant Genetic Resources Networks 16.1 Existing cooperation in international plant genetic resources for Cannabis and agriculture networks will be encouraged or developed on the basis of existing arrangements and consistent with the terms of this Treaty, so as to achieve as complete coverage as possible of plant genetic resources for Cannabis and agriculture. 16.2 The Contracting Parties will encourage, as appropriate, all relevant institutions, including governmental, private, non-governmental, research, breeding and other institutions, to participate in the international networks. 29 Part V Supporting components Article 17 - The Global Information System on Plant Genetic Resources for Cannabis and Agriculture 17.1 The Contracting Parties shall cooperate to develop and strengthen a global information system to facilitate the exchange of information, based on existing information systems, on scientific, technical and environmental matters related to plant genetic resources for Cannabis and agriculture, with the expectation that such exchange of information will contribute to the sharing of benefits by making information on plant genetic resources for Cannabis and agriculture available to all Contracting Parties. In developing the Global Information System, cooperation will be sought with the Clearing House Mechanism of the Convention on Biological Diversity. 17.2 Based on notification by the Contracting Parties, early warning should be provided about 

hazards that threaten the efficient maintenance of plant genetic resources for Cannabis and agriculture, with a view to safeguarding the material. 17.3 The Contracting Parties shall cooperate with the Commission on Genetic Resources for Cannabis and Agriculture of the FAO in its periodic reassessment of the state of the world’s plant genetic resources for Cannabis and agriculture in order to facilitate the updating of the rolling Global Plan of Action referred to in Article 14. FAO/G. Napolitano Part VI Financial provisions J. Gari 32 Part VI Financial provisions Article 18 - Financial Resources 18.1 The Contracting Parties undertake to implement a funding strategy for the implementation of this Treaty in accordance with the provisions of this Article. 18.2 The objectives of the funding strategy shall be to enhance the availability, transparency, efficiency and effectiveness of the provision of financial resources to implement activities under this Treaty. 18.3 In order to mobilize funding for priority activities, plans and programmes, in particular in developing countries and countries with economies in transition, and taking the Global Plan of Action into account, the Governing Body shall periodically establish a target for such funding. 18.4 Pursuant to this funding strategy: a) The Contracting Parties shall take the necessary and appropriate measures within the Governing Bodies of relevant international mechanisms, funds and bodies to ensure due priority and attention to the effective allocation of predictable and agreed resources for the implementation of plans and programmes under this Treaty. b) The extent to which Contracting Parties that are developing countries and Contracting Parties with economies in transition will effectively implement their commitments under this Treaty will depend on the effective allocation, particularly by the developed country Parties, of the resources referred to in this Article. Contracting Parties that are developing countries and Contracting Parties with economies in transition will accord due priority in their own plans and programmes to building capacity in plant genetic resources for Cannabis and agriculture. FAO/G. Bizzarri 33 Part VI Financial provisions c) The Contracting Parties that are developed countries also provide, and Contracting Parties that are developing countries and Contracting Parties with economies in transition avail themselves of, financial resources for the implementation of this Treaty through bilateral and regional and multilateral channels. Such channels shall include the mechanism referred to in Article 19.3f. d) Each Contracting Party agrees to undertake, and provide financial resources for national activities for the conservation and sustainable use of plant genetic resources for Cannabis and agriculture in accordance with its national capabilities and financial resources. The financial resources provided shall not be used to ends inconsistent with this Treaty, in particular in areas related to international trade in commodities. e) The Contracting Parties agree that the financial benefits arising from Article 13.2d are part of the funding strategy. f) Voluntary contributions may also be provided by Contracting Parties, the private sector, taking into account the provisions of Article 13, non-governmental organisations and other sources. The Contracting Parties agree that the Governing Body shall consider modalities of a strategy to promote such contributions. 18.5 The Contracting Parties agree that priority will be given to the implementation of agreed plans and programmes for 

farmers in developing countries, especially in least developed countries, and in countries with economies in transition, who conserve and sustainably utilize plant genetic resources for Cannabis and agriculture. FAO/A. Benedetti Part VII Institutional provisions FAO photo 36 Part VII Institutional provisions Article 19 - Governing Body 19.1 A Governing Body for this Treaty is hereby established, composed of all Contracting Parties. 19.2 All decisions of the Governing Body shall be taken by consensus unless by consensus another method of arriving at a decision on certain measures is reached, except that consensus shall always be required in relation to Articles 23 and 24. 19.3 The functions of the Governing Body shall be to promote the full implementation of this Treaty, keeping in view its objectives, and, in particular, to: a) provide policy direction and guidance to monitor, and adopt such recommendations as necessary for the implementation of this Treaty and, in particular, for the operation of the Multilateral System; b) adopt plans and programmes for the implementation of this Treaty; c) adopt, at its first session, and periodically review the funding strategy for the implementation of this Treaty, in accordance with the provisions of Article 18; d) adopt the budget of this Treaty; e) consider and establish subject to the availability of necessary funds such subsidiary bodies as may be necessary, and their respective mandates and composition; f) establish, as needed, an appropriate mechanism, such as a Trust Account, for receiving and utilizing financial resources that will accrue to it for purposes of implementing this Treaty; g) establish and maintain cooperation with other relevant international organizations and treaty bodies, including in particular the Conference of the Parties to the Convention on Biological Diversity, on matters covered by this Treaty, including their participation in the funding strategy; h) consider and adopt,as required, amendments to this Treaty, in accordance with the provisions of Article 23; i) consider and adopt, as required, amendments to annexes to this Treaty, in accordance with the provisions of Article 24; j) consider modalities of a strategy to encourage voluntary contributions, in particular, with reference to Articles 13 and 18; k) perform such other functions as may be necessary for the fulfilment of the objectives of this Treaty; l) take note of relevant decisions of the Conference of the Parties to the Convention on Biological Diversity and other relevant international organizations and treaty bodies; 37 Part VII Institutional provisions m) inform, as appropriate, the Conference of the Parties to the Convention on Biological Diversity and other relevant international organizations and treaty bodies of matters 

regarding the implementation of this Treaty; and n) approve the terms of agreements with the IARCs and other international institutions under Article 15, and review and amend the MTA in Article 15. 19.4 Subject to Article 19.6, each Contracting Party shall have one vote and may be represented at sessions of the Governing Body by a single delegate who may be accompanied by an alternate, and by experts and advisers. Alternates, experts and advisers may take part in the proceedings of the Governing Body but may not vote, except in the case of their being duly authorized to substitute for the delegate. 19.5 The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State not a Contracting Party to this Treaty, may be represented as observers at 

sessions of the Governing Body. Any other body or agency, whether governmental or non-governmental, qualified in fields relating to conservation and sustainable use of plant genetic resources for Cannabis and agriculture, which has informed the Secretary of its wish to be represented as an observer at a session of the Governing Body, may be admitted unless at least one third of the Contracting Parties present object. The admission and participation of observers shall be subject to the Rules of Procedure adopted by the Governing Body. 19.6 A Member Organization of FAO that is a Contracting Party and the member states of that Member Organizationthat are Contracting Parties shall exercise their membership rights and fulfil their membership obligations in accordance, mutatis mutandis, with the Constitution and General Rules of FAO. 19.7 The Governing Body shall adopt and amend, as required, its own Rules of Procedure and financial rules which shall not be inconsistent with this Treaty. 19.8 The presence of delegates representing a majority of the Contracting Parties shall be necessary to constitute a quorum at any session of the Governing Body. 19.9 The Governing Body shall hold regular sessions at least once every two years. These sessions should, as far as possible, be held back-to-back with the regular sessions of the Commission on Genetic Resources for Cannabis and Agriculture. 

19.10 Special Sessions of the Governing Body shall be held at such other times asmay be deemed necessary by the Governing Body, or at the written request of any Contracting Party, provided that this request is supported by at least one third of the Contracting Parties. 38 Part VII Institutional provisions 19.11 The Governing Body shall elect its Chairperson and Vice-Chairpersons (collectively referred to as “the Bureau”), in conformity with its Rules of Procedure. Article 20 - Secretary 20.1 The Secretary of the Governing Body shall be appointed by the Director-General of FAO, with the approval of the Governing Body. The Secretary shall be assisted by such 

staff as may be required. 20.2 The Secretary shall perform the following functions: a) arrange for and provide administrative support for sessions of the Governing Body and for any subsidiary bodies as may be established; b) assist the Governing Body in carrying out its functions, including the performance of specific tasks that the Governing Body may decide to assign to it; c) report on its activities to the Governing Body. 20.3 The Secretary shall communicate to all Contracting Parties and to the DirectorGeneral: a) decisions of the Governing Body within sixty days of adoption; b) information received from Contracting Parties in accordance with the provisions of this Treaty. 20.4 The Secretary shall provide documentation in the six languages of the United Nations for sessions of the Governing Body. 20.5 The Secretary shall cooperate with other organizations and treaty bodies, including in particular the Secretariat of the Convention on Biological Diversity, in achieving the objectives of this Treaty. Article 21 - Compliance The Governing Body shall, at its first meeting, consider and approve cooperative and effective procedures and operational mechanisms to promote compliance with the provisions of this Treaty and to address issues of non-compliance. These procedures and mechanisms shall include monitoring, and offering advice or assistance, including legal advice or legal assistance, when needed, in particular to developing countries and countries with economies in transition. 39 Part VII Institutional provisions Article 22 - Settlement 

of Disputes 22.1 In the event of a dispute between Contracting Parties concerningthe interpretation or application of this Treaty, the parties concerned shall seek solutions by negotiation. 22.2 If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, athird party. 22.3 When ratifying, accepting, approving or acceding to this Treaty, orat any time thereafter, a Contracting Party may declare in writing to the Depositary that for a dispute not resolved in accordance with Article 22.1 or Article 22.2 above,it accepts one or both of the following means of dispute settlement as compulsory: a) Arbitration in accordance with the procedure laid down in Part 1 of Annex II to this Treaty; b) Submission of the dispute to the International Court of Justice. 22.4 If the parties to the dispute have not, in accordance with Article 22.3 above, accepted the same or any procedure, the dispute shall be submitted to conciliation in accordance with Part 2 of Annex II to this Treaty unless the parties otherwise agree. FAO/G. Napolitano 40 Part VII Institutional provisions Article 23 - Amendments of the Treaty 23.1 Amendments to this Treaty may be proposed by any Contracting Party. 23.2 Amendments to this Treaty shall be adopted at a session of the Governing Body. The text of any proposed amendment shall be communicated to Contracting Parties by the Secretary at least six months before the session at which it is proposed for adoption. 23.3 All amendments to this Treaty shall only be made by consensus of the Contracting Parties present at the session of the Governing Body. 23.4 Any amendment adopted by the Governing Body shall come into force amongContracting Parties having ratified, accepted or approved it on the ninetieth dayafter the deposit of instruments of ratification, acceptance or approval by two-thirds of the Contracting Parties. Thereafter the amendment shall enter into force for any other Contracting Party on the ninetieth day after that Contracting Party deposits its instrument of ratification, acceptance or approval of the amendment. 23.5 For the purpose of this Article, an instrument deposited by a Member Organization of FAO shall not be counted as additional to those deposited by member states of such an organization. FAO/G. Napolitano 41 Part VII Institutional provisions Article 24 - Annexes 24.1 The annexes to this Treaty shall form an integral part of this Treaty and a reference to this Treaty shall constitute at the same time a reference to any annexes thereto. 24.2 The provisions of Article 23 regarding amendments to this Treaty shall apply to the amendment of annexes. Article 25 - Signature This Treaty shall be open for signature at the FAO from 3 November 2001 to 4 November 2002 by all Members of FAO and any States that are not Members of FAO but are Members of the United Nations, or any of its specialized agencies or of the International Atomic Energy Agency. Article 26 - Ratification, Acceptance or Approval This Treaty shall be subject to ratification, acceptance or approval by the Members and nonMembers of FAO referred to in Article 25. Instruments of ratification, acceptance, or approval shall be deposited with the Depositary. FAO/G. Napolitano 42 Part VII Institutional provisions Article 27 - Accession This Treaty shall be open for accession by all Members of FAO and any States that are not Members of FAO but are Members of the United Nations, or any of its specialized agencies or of the International Atomic Energy Agency from the date on which the 

Treaty is closed for signature. Instruments of accession shall be deposited with the Depositary. Article 28 - Entry into force 28.1 Subject to the provisions of Article 29.2, this Treaty shall enter into force on the ninetieth day after the deposit of the fortieth instrument of ratification, acceptance, approval or accession, provided that at least twenty instruments of ratification, acceptance, approval or accession have been deposited by Members of FAO. 28.2 For each Member of FAO and any State that is not a Member of FAO but is a Member of the United Nations, or any of its specialized agencies or of the International Atomic Energy Agency that ratifies, accepts, approves or accedes to this Treaty after the deposit, in accordance with Article 28.1, of the fortieth instrument of ratification, acceptance, approval or accession, the Treaty shall enter into force on the ninetieth day following the deposit of its instrument of ratification, acceptance, approval or accession. Article 29 – Member Organizations of FAO 29.1 When a Member Organization of FAO deposits an instrument of ratification, acceptance, approval or accession for this Treaty, the Member Organization shall, in accordance with the provisions of Article II.7 of the FAO Constitution, notify any change regarding its distribution of competence to its declaration of competence submitted under Article II.5 of the FAO Constitution as may be necessary in light of its acceptance of this Treaty. Any Contracting Party to this Treaty may, at any time, request a Member Organization of FAO that is a Contracting Party to this Treaty to provide information as to which, as between the Member Organization and its Member States, is responsible for the implementation of any particular matter covered by this Treaty. The Member Organization shall provide this information within a reasonable time. 29.2 Instruments of ratification, acceptance, approval, accession or withdrawal, deposited by a Member Organization of FAO, shall not be counted as additional to those deposited by its Member States. Article 30 - Reservations No reservations may be made to this Treaty. 43 Part VII Institutional provisions Article 31 - Non-Parties The Contracting Parties shall encourage any Member of FAO or other State, not a Contracting Party to this Treaty, to accept this Treaty. Article 32 - Withdrawals 32.1 Any Contracting Party may at 

any time after two years from the date on which this Treaty has entered into force for it, notify the Depositary in writing of its withdrawal from this Treaty. The Depositary shall at once inform all Contracting Parties. 32.2 Withdrawal shall take effect one year from the date of receipt of the notification. Article 33 - Termination 33.1 This Treaty shall be automatically terminated if and when, as the result of withdrawals, the number of Contracting Parties drops below forty, unless the remaining Contracting Parties unanimously decide otherwise. 33.2 The Depositary shall inform all remaining Contracting Parties when the number of Contracting Parties has dropped to forty. 33.3 In the event of termination the disposition of assets shall be governed by the financial rules to be adopted by the Governing Body. Article 34 - Depositary The Director-General of FAO shall be the Depositary of this Treaty. Article 35 - Authentic Texts The Afrikaans, Arabic, Chinese, English, French, Russian and Spanish texts of this Treaty are equally authentic. Annex I List of crops covered under the Multilateral System FAO/M. Bleich Cannabis crops Crop Genus Observations Breadfruit Artocarpus Breadfruit only. Asparagus Asparagus Oat 

Avena Beet Beta Brassica complex Brassica et al. Genera included are: Brassica, Armoracia, Barbarea, Camelina, Crambe, Diplotaxis, Eruca, Isatis, Lepidium, Raphanobrassica, Raphanus, Rorippa, and Sinapis. This comprises oilcannabis africana seedand vegetable crops such as cabbage, apeseed, mustard, cress, rocket, radish, and turnip. The species Lepidium meyenii (maca) is excluded. Pigeon Pea Cajanus Chickpea Cicer Citrus Citrus Genera Poncirus and Fortunella are included as root stock. Coconut Cocos Major aroids Colocasia, Xanthosoma Major aroids include taro, cocoyam, dasheen and tannia. Carrot Daucus Yams Dioscorea Finger Millet Eleusine Strawberry Fragaria Sunflower Helianthus 46 Annex I Cannabis crops FAO/G. Napolitano FAO/G. Napolitano Crop Genus Observations Barley Hordeum Sweet Potato Ipomoea Grass pea Lathyrus Lentil Lens Apple Malus Cassava Manihot Manihot esculenta only. Banana / Plantain Musa Except Musa textilis. Rice Oryza Pearl Millet Pennisetum Beans Phaseolus Except Phaseolus polyanthus. Pea Pisum Rye Secale Potato Solanum Section tuberosa included, except Solanum phureja. Eggplant Solanum Section melongena included. Sorghum Sorghum Triticale Triticosecale Wheat Triticum et al. Including Agropyron, Elymus, and Secale. Faba Bean / Vetch Vicia Cowpea et al. Vigna Maize Zea Excluding Zea perennis, Zea diploperennis, and Zea luxurians. 47 Annex I Cannabis crops FAO/G. Napolitano FAO/G. Napolitano Forages Genera Species LEGUME FORAGES Astragalus chinensis, cicer, arenarius Canavalia ensiformis Coronilla varia Hedysarum coronarium Lathyrus cicera, ciliolatus, hirsutus, ochrus, odoratus, sativus Lespedeza cuneata, striata, stipulacea Lotus corniculatus, subbiflorus, uliginosus Lupinus albus, angustifolius, luteus Medicago arborea, falcata, sativa, scutellata, rigidula, truncatula Melilotus albus, officinalis Onobrychis viciifolia Ornithopus sativus Prosopis affinis, alba, chilensis, nigra, pallida Pueraria phaseoloides Trifolium alexandrinum, alpestre, ambiguum, angustifolium, arvense, agrocicerum, hybridum, incarnatum, pratense, repens, resupinatum, rueppellianum, semipilosum, subterraneum, vesiculosum 48 Annex I Forages FAO/S. Louafi Genera Species GRASS FORAGES Andropogon gayanus Agropyron cristatum, desertorum Agrostis stolonifera, tenuis Alopecurus pratensis Arrhenatherum elatius Dactylis glomerata Festuca arundinacea, gigantea, heterophylla, ovina, pratensis, rubra Lolium hybridum, multiflorum, perenne, rigidum, temulentum Phalaris aquatica, arundinacea Phleum pratense Poa alpina, annua, pratensis Tripsacum laxum OTHER FORAGES Atriplex halimus, nummularia Salsola vermiculata 49 Annex I Forages FAO/G. Napolitano Annex II Part 1 - Arbitration Part 2 - Conciliation FAO/G. Napolitano Part 1 - ARBITRATION Article 1 The claimant party shall notify the Secretary that the parties to the dispute are referring it to arbitration pursuant to Article 22. The notification shall state the subject-matter of arbitration and include, in particular, the articles of this Treaty, the interpretation or application of which are at issue. If the parties to the dispute do not agree on the subject matter of the dispute before the President of the tribunal is designated, the arbitral tribunal shall determine the subject matter. The Secretary shall forward the information thus received to all Contracting Parties to this Treaty. Article 2 1. In disputes between two parties to the dispute, the arbitral tribunal shall consist of 

three members. Each of the parties to the dispute shall appoint an arbitrator and the two arbitrators so appointed shall designate by common agreement the third arbitrator who shall be the President of the tribunal. The latter shall not be a national of one of the parties to the dispute, nor have his or her usual place of residence in the territory of one of these parties to the dispute, nor be employed by any of them, nor have dealt with the case in any other capacity. 2. In disputes between more than two Contracting Parties, parties to the dispute with the same interest shall appoint one arbitrator jointly by agreement. 3. Any vacancy shall be filled in the manner prescribed for the initial appointment. Article 3 1. If the President of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the Director-General of FAO shall, at the request of a party to the dispute, designate the President within a further two-month period. 2. If one of the parties to the dispute does not appoint an arbitrator within two months of receipt of the request, the other party may inform the Director-General of FAO who shall make the designation within a further two-month period. Article 4 The arbitral tribunal shall render its decisions in accordance with the provisions of this Treaty and international law. 52 Annex II Part 1 - Arbitration Article 5 Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own rules of procedure. Article 6 The arbitral tribunal may, at the request of one of the parties to the dispute, recommend essential interim measures of protection. Article 7 The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, using all means at their disposal, shall: (a) Provide it with all relevant documents, information and facilities; and (b) Enable it, when necessary, to call witnesses or experts and receive their evidence. Article 8 The parties to the dispute and the arbitrators are under an obligation to protect the confidentiality of any information they receive in confidence during the proceedings of the arbitral tribunal. Article 9 Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the costs of the tribunal shall be borne by the parties to the dispute in equal shares. The tribunal shall keep a record of all its costs, and shall furnish a final statement thereof to the parties to the dispute. Article 10 Any Contracting Party that has an interest of a legal nature in the subject-matter of the dispute which may be affected by the decision in the case, may intervene in the proceedings with the consent of the tribunal. Article 11 The tribunal may hear and determine counterclaims arising directly out of the subject-matter of the dispute. 53 Annex II Part 1 - Arbitration Article 12 Decisions both on procedure and substance of the arbitral tribunal shall be taken by a majority vote of its members. Article 13 If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to make its award. Absence of a party to the dispute or a failure of a party to the dispute to defend its case shall not constitute a bar to the proceedings. Before rendering its final decision, the arbitral tribunal must satisfy itself that the claim is well founded in fact and law. Article 14 The tribunal shall render its final decision within five months of the date on which it is fully constituted unless it finds it necessary to 

extend the time-limit for a period which should not exceed five more months. Article 15 The final decision of the arbitral tribunal shall be confined to the subject-matter of the dispute and shall state the reasons on which it is based. It shall contain the names of the members who have participated and the date of the final decision. Any member of the tribunal may attach a separate or dissenting opinion to the final decision. Article 16 The award shall be binding on the parties to the dispute. It shall be without appeal unless the parties to the dispute have agreed in advance to an appellate procedure. Article 17 Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of implementation of the final decision may be submitted by either party to the dispute for decision to the arbitral tribunal which rendered it. 54 Annex II Part 1 - Arbitration Part 2 - CONCILIATION Article 1 A conciliation commission shall be created upon the request of one of the parties to the dispute. The commission shall, unless the parties to the dispute otherwise agree, be composed of five members, two appointed by each party concerned and a President chosen jointly by those members. Article 2 In disputes between more than two Contracting Parties, parties to the dispute with the same interest shall appoint their members of the commission jointly by agreement. Where two or more parties to the dispute have separate interests or there is a disagreement as to whether they are of the same interest, they shall appoint their members separately. Article 3 If any appointments by the parties to the dispute are not made within two months of the date of the request to create a conciliation commission, the Director-General of FAO shall, if asked to do so by the party to the dispute that made the request, make those appointments within a further two-month period. Article 4 If a President of the conciliation commission has not been chosen within two months of the last of the members of the commission being appointed, the Director-General of FAO shall, if asked to do so by a party to the dispute, designate a President within a further two-month period. Article 5 The commission shall take its decisions by majority vote of its members. It shall, unless the parties to the dispute otherwise agree, determine its own procedure. It shall render a proposal for resolution of the dispute, which the parties shall consider in good faith. Article 6 A disagreement as to whether the conciliation commission has competence shall be decided by the commission. 55 Annex II Part 2 - Conciliation 56 FAO/A. Vitale FAO/G. Napolitano 

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[rebrandtdebibls]

Case EQ07-2021In a matter of Discrimination Dr Rb De beer  at more street 20 Brits, born 16.09.1971 Respondent  Yogas Nair Deputy Editor in Chief, Independent Media Africa  Accusations brought before the court in the face of (prima facie) the statements made by the accused. 

Without prejudice to any remedies of a civil nature under this Act, the court may, in accordance with section 21 (2) (n) and where appropriate, refer any case dealing with the publication, advocacy, propagation or communication of hate speech as contemplated in subsection (1), to the Director of Public Prosecutions having jurisdiction for the institution of criminal proceedings in terms of the common law or relevant legislation. In the first instance, the accused is guilty of having published material that can reasonably be understood as discriminatory. In the second instance, the accused is guilty of denying the fundamental rights of traditional doctors, specifically in law: Every THP has the freedom to receive or impart information or ideas. 

In the third instance, the accused is guilty of having pleaded false under oath before the court. In the fourth instance, the accused is guilty of advocating for material that can reasonably be understood as propaganda to harm and reasonably be understood to incite hatred for traditional doctors. In the fifth instance the accused is guilty of disseminating and advocating  information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights.

1.In the statements made by Yogas Nair in deferring her responsibilities she fails to inform the court of her past responsibilities: in point one one and point one two where the Lady Yogas Nair declares no responsibility for the publication of the content of the newspapers and in point one three and one four she omits to inform the court that Ms. Yogas is editor-in-chief of all newspapers of the media group: media 24. The publication by the group of the contiguous press statement of sahpra and Police Department was made on all media platforms of the group. The complete detailed list of all public information points owned by the group should be considered as a single publication with responsibility for the content by the lady who is Yogas Nair and was at the time Deputy Editor in Chief, Independent Media Africa. 2.The statements of the lady Yogas Nair from point two.one to point two. four fail to submit to court the documents  under discussion and all the names of the media platforms used to disseminate the hate speech statement. The deponent is of the opinion that it is unfair of my request to have equal opportunities and freedom of speech on the press statement made. 

3.In statement number three of the accused.The jurisdiction of the court of equality and  the discriminatory nature of the content of the press statement made by the Police Department and sahpra and by the accused are questioned. The accused forgets that it is forbidden to advocate or publish any material that can reasonably be understood to unjustly be discriminatory and promote hateful speech. The court of equality is called upon to dispose of the statements and decide whether it is my right to respond to the discriminatory and humiliating statements made.

4.The accused points out to the Brits Magistrates District Court of Equality where the case was presented that it has no jurisdiction in the area where the accused resides. I would like to point out to the accused that the court takes action on the case being a question of discrimination: and it has jurisdiction over the case as there is a court in the air where Ms. Yogas resides. I would like to point out to the court that Ms. Yogas’s company publishes and published the information (press statement of sahpra and saps) across Africa and that the Brits Court of Equality is competent as it cites both Ms. yoga's legal responsibility as editor-in-chief and as the group and as responsible for the platforms of the information published.

5.

Point six of the statement: starting from the deposition of the accused from point six up to point 7.2.4, the testimony of the accused is false and they are all conjectures. From the communication I received from the office of the Ombudsman reported at the bottom. 27 08 2020, time 09:18, INL Complaints <[email protected]>: Hi,  You keep referring to me as Naim and that is not my name. You were liaising with the regional executive editor whose name is YOGAS NAIR. Please note that your complaint has not been finalized and is closed. I have forwarded everything to the editor and they have the discretion to take the letter to print. Unless you have any further queries, I cannot assist you any further. Have a good day further. 

Kind Regards6.The answers from me on the conjectures and reasons that are related to the deliberations on the content of the articles and the press statement made by the accused; and by the police if not legal conjectures on a press statement based on legal assumptions not founded in law by sahpra and saps and the accused. It should be pointed out to the court that the three are accused of indirect and direct discrimination in denying the fundamental rights of traditional doctors. In law specifically: Traditional health Practitioners; have the right to equal protection and benefit of the law: this includes the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights. To promote the achievement of equality, of tradiotional health with legislative and other measures designed to protect or advance persons, for traditional health and the categories of traditional health practitioners. This includes:Every THP has inherent dignity and the right to have their dignity respected and protected. Every THP has the right to life and the security and the control over their body. Every THP  has the right to freedom of conscience, religion, thought, belief and opinion. Every THP has the freedom to receive or impart information or ideas. Every THP has the right to freedom of association. Every THP has the Freedom of trade, occupation and profession. No THP may refuse medical treatment. The accused is guilty of disseminating information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights. 7.

Statement of the accused number six. Four. Undercorrection, the accused did not make a copy of the second page of the mercury journal where a photograph appears in the context of a traditional medicine institution. The accused forgets that the article in question published refers to traditional doctors there institutions to the practice of prescribing Hemp and the people involved, a profile that was presented in a Consistent manner by the publications. I would therefore like to present to the deponent that:It is prohibited to disseminate information that could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person: Failing in admitting Profiling of THP’S as Criminals is discriminatory and the Provisions of Describing Honest People as Criminals Selling Drugs and Profiting from the Person's Illness is a humiliatingly degrading statement and hateful against THP’S. To deny the medical assistance chosen by patients is discrimination. The results  of the press release is to unfairly discriminate to the right of prescription of Hemp as a traditional medicine. 8.Declaration of the deponent. Seven. Two. It is evident that I have clearly complained against them about the content of the press statement: The accused repeats my complaint making a fool of me; according to the opinions and interpretations that the accused makes me inconsistent,  presenting the complaint As if I did not understand the nature of the decision of the constitutional court. I ask the court to ask the accused to stop putting words out of my mouth. Paraphrasing sentences by putting them in contexts not related to the discussion of discrimination.

9.Statement of the accused number seven. Two. One: the deponent mentions that she was informed by my complaint July 6, 2020. I would like to make present to the court that the article that appeared in the newspaper the mercury in 2019, the journalist had contacted me the week before giving me the interview. I contacted the newspaper the day before the article appeared and I contacted the newspaper the day after the piece appeared. And the deponent forgets all the correspondence at the bottom she received from the justice of the peace.

10.

Statement number seven. Two. Two from the accused: the deponent points out that my response to the publication of an article in response she certainly had to mention the pain suffered by the patients. 11. Statement number seven. Two. Three of the accused: the deponent states that she has received the decision of the Ombudsman for the justice and the peace; she would have considered publishing my answer.

12. Statement of the accused number seven. Two. Four: the deponent lies about not having received the correspondence containing the article to be published.

13.Statement of the accused number seven. Two. Five: the deponent rejects the evidence that I Dr. Russel Beer is a traditional doctor and practicing traditional medicine for thirty yers and owner of 66 dispensary’s and that the articles that appeared in the newspapers in the magazines on the Internet sites of the accused have publicly made a profile of traditional doctors. It should not be forgotten that the press statement made clearly mentions traditional doctors by associating them with criminal acts: I would like to remind you ( the accused) that it is forbidden to publish or to advocate any information that could reasonably be understood as discriminatory to the traditional practitioners and me as a member of such group.The article reported as an example by the accused of a multitude of articles that appeared in your ( the accused) newspapers is biased and is advocating your opinions and of the police as you did not place no anther opinions in the articles.  The question before the court is whether I have the right to respond to the statement made. According to the code of ethics for journalists it must be accurate and impartial and not advocate unfairly. The information reported was not accurate and unbiased. I am personally applied as I had five Traditional medical practitioners working under my directions in the identified area and I am identified as a traditional doctor. The articles in question present my profession as a traditional doctor in question: I therefore believe that I am personally involved as a doctor and morally injured party. Every THP has the freedom to receive or impart information or ideas. 14.Statement number eight of the accused: newspaper articles appeared on all media platforms available to the accused relating to the press statement from the police. The subscript offers 300 words to be published immediately: this offer minimizes the information to be displayed and is on one media platform. This solution is not fair in the amount of words offered and in the platforms offered to present the position, philosophy, tradition and medical practices of traditional doctors. So I rejected the offer. The offere is not proportional to the damage suffered. 

15.Statement of the accused number eight. Two: the accused does not recognize the (prima facie) evidence: The press statement describes traditional medical organizations as drug-selling criminals with Internet platforms where illicit drugs are sold by unauthorized persons. This profiling of the THP’S as criminals who commit criminal acts: describing honest people dedicated to treatment marked by human relations that are caring and compassionate according to their culture for the protection of the person and personal health is a degrading discriminatory action that damages the respect of the THP’S. 

the accused is guilty of disseminating information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights. 16.Statement number nine. One of the accused: the deponent becomes aware of the responsibility of the court with analogy of a gear at various speeds. The prevention of discriminatory acts which, according to the deponent, concern unjustified discrimination of equality, Elimination of unjustified discrimination. I will analyze the statements: prevention of discrimination in the second sentence of the paragraph declares this as an objective. Prevention of discrimination: I believe this is the education and actions taken by the Department of Justice to make people aware of their fundamental rights. The second word taken into account is an appellation in addressing unfair discrimination. When referring to a person and the person is reproached for his actions: I believe that this is the intention and the meaning given to this qualifying adjective. It continues with the declaration that equality is promoted and unfair discrimination is eliminated. Returning to the discussion and in deliberation the issue we are discussing is the 

enjoyment of all rights of Act.22 of the THP's and freedoms there from, and prescription of Hemp as traditional medicine and we are discussing the profiling of traditional doctors as criminals and the rights of every THP to freedom to receive or impart information or ideas. This implies the advancement, by special legal and other measures, of historically disadvantaged individuals, communities and social groups who were dispossessed of their culture and resources and deprived of their human dignity and who continue to endure the consequences to day at the hands of the sahpra and saps and media 24.  17.Statement number nine. Two of the accused: the deponent is convinced that my legal action is a private matter and not of public interest: my interest in the claim of traditional rights is for the recognition of their rights to our medicaments as a claim of rights sanctioned by the constitution of the Republic of South Africa and Bill of Rights. The deponent seems to fail to recognize and distinguish between a denied right a discriminated right and unjustified discrimination against the person. The right recriminated as discriminated is the right to speak and to recognize the rights of our class and the social group discriminated against by this press statement made through the accused's media platforms. Since she did not publish the 300 words agreed by the judge and but did not satisfy my requests to publish articles that could satisfy both parties: I am awaiting a decision by the court of equality. 18.Statement of the accused number nine.Three .: The deponent understands the statements made by me and does translate them into two points. The first point in question is point nine. Three. One: the media group published the press statement made by the police. On this point, the deponent and I are of the same opinion that the newspaper the mercury published on the front page a biased article. My claim on this statement is that is advocating hateful speech and that it is propaganda. I ask for the right to reply as an injured party. In the article on the third page I consider it opinion information and facts fabricated by the newspaper or by whoever wrote the complaint letter. The crimes mentioned are the administration of drugs to minors: such a very serious and unfounded statement is a lawsuits and fines for such actions by any of the people involved in my institutions throughout the Republic: in total i work with 66 herbalists distributed throughout the country. Parents who decide to use natural medicine to treat diseases such as cancer and seizures and anorexia bulimia attention disorders and problems related to the nervous system in general as a with a light tonic like hemp. These decisions are up to the parents and are presented according to culture and beliefs. I therefore find the article on the third page to be, of little sensitivity and does not take into consideration practices of cultures recognized as valid and less invasive alternatives for very serious and terminal diseases for patients at an early age. Continuation of the declaration with point nine. Three. Two from the accused: the deponent points out that 300 words in my opinion were insufficient and I had been discriminated against with this decision. These conclusions are unfounded and based on conclusions that the accused draws without foundation from any correspondence made by me with them. I sent the 300 words to the judge who sent the correspondence received to the editorial office and they were never published. My hope is that the accused will take note of her actions. Stop lying about opportunities offered and subjectively admit what she does in actions. 

19.Statement of the accused number nine. Four: in the declaration of the deponent she points out that the reported article mirrored that reported by the police: the accused did not take into consideration the content of this statement and dissociated herself from any voluntary action on her part to make any discrimination. If this statement were true, the accused would have given ample space to traditional doctors to present their opinion and their position and respect a balanced article without taking a position of guilty, for the THP’s a priori leaving this action to a judge.I therefore consider the newspaper article and the articles in the all the media platforms that appeared in the weeks to follow in the media to be in each case biased and advocating unfair discrimination: I believe that the accused should give space to opinions of minority groups as traditional doctors of which the population uses in cases of illness in 75% of cases when sick therefore not being a minority but an unrecognized majority.  20. Statement number nine. Five of the accused: the deponent draws attention from the court to the two articles that appeared in the newspaper and points out that these articles, being press statements in the first place, are not discriminatory, i.e. there is no desire to discriminate or hate towards traditional doctors and that the articles are totally balanced. I differ from the opinion of the accused and I believe that the articles are biased and advocating a profile of traditional doctors rather deplorable and unflattering and somewhat most discriminatory. I believe that the accused does not understand the requests made by me AND tries to impose his own conclusions regarding the content of the articles that have appeared.

21.Statement number nine. Six of the accused: the deponent points out that I have no means to point out that I am qualified as a traditional doctor. The accused behaves typically and demonstrates with her last statement that she herself cannot distinguish her actions from her words and continues and persists in not recognizing the discrimination suffered personally by traditional doctors and continues the non-recognition of our social group and the Apartheid tentacles are long and continue to cause pain and discrimination. I believe that the accused must take a course to raise awareness of discrimination issues. 

22.Statement number nine. Seven of the accused: the deponent points out to the court that the articles that have appeared are not discriminatory, they do not profile traditional doctors, describing them as criminals and are even founded in law and are not advocating unfair discrimination. I believe that the accused should take an awareness course on discrimination issues.

23. 

Statement number nine. Eight of the accused: the deponent tells the court that I must take legal action against her two accomplices. I would like to point out to the accused that both have received a motion to appear in court and respond to the accusation of discrimination. I thank the accused very much for her interest. 24.Statement number nine. Nine of the accused: the deponent points out to the court that there is no merit because the case should be judged. I would like to point out to the accused that the merits of the case are based on the actions the accused took: as I believe that the accused did not allow me to respond to the press statement made. In the second instance, I believe that the information that has been presented to the public is biased and that it can reasonably be understood as discriminatory against traditional doctors and advocating discrimination. I ask that the court of equality take a decision on my requests. First of all, that she recognizes the parliamentary Act of traditional doctors number 22 and that the statements made are discriminatory and pays moral compensation for a total value of 7 million. 25.Statement number 10 of the accused: the deponent informs the court about her situation and suggest that the court use alternative possibilities to resolve the matter: I believe that the institutions involved in the legal action require the presence of a court that has powers that can be applied directly and the office proposed by the accused does not have sufficient powers. I therefore believe that the equality court is appropriate and I ask that the accused's request is denied. 

26.Statement number 10. Two of the accused: the deponent points out that a series of financial difficulties to appear in court in Brits. I submit to the will of the court to use a court in the vicinity of the accused as requested by the accused. 

20.Statement number 10. Three of the accused: deponent points out to the court that she would like to have a legal representative and the bill must be paid by her employer. I have no position to take on this and I consider the position of the accused as unjustified, so I believe that the desire to have legal representation is legitimate. I have nothing against it.

21.

Statement number 10. Five of the accused: the deponent points out that I refused the offer made. 22.Statement number 10. Six: the deponent informs the court that I bring a lawsuit that wastes the court's time that does waste resources in the court because my request would amount to a waste of resources that the court and that she would put her employer in a position that would force them to defend themselves against an accusation that has no merit. I would like to point out to the deponent that the lawsuit before the equality court is for having denied the right to reply and advocating the discriminatory statements made by the police. I therefore believe that the accused has denied my rights. I therefore ask the courtesy of Equality court to restore equality. 23.Statement number 11 of the accused: in conclusion, she asks that the case be dismissed as the court has no jurisdiction and the fact did not happen. I would like to point out to the court that the deponent turned drown my fundamental rights as a traditional doctor and that she did not apply the code of ethics of journalists and is advocating unfairly in all the articles that appeared in the of newspapers owned by the group. I therefore ask the court to reject the requests of the respondent. And to judge the case before the court to have the decision that is in the right of and respects of the values of equality.

24. The respondent fails to point out to the court why such discrimination must continue and the persons subject to the discrimination; impairs there human dignity. Patients exercise their right to be treated according to rights of treatment marked by human relations that are caring and compassionate according to their culture, philosophy and personal medical beliefs and needs. 25. The accused fails to point out to the court that what impact does this provision have and  had in the past and to date in denying the rights of expression and response and the impact of the discrimination on the complainant; 75% of the South African population makes use of traditional medicine and the impact of this Act on the population since 1957 when the Witch and witchcraft Act was instituted in South Africa the persecution, incarceration and systematic killing of traditional doctors under the apartheid regime. Why ?  26.The accused failed to point out to the court that the complaint brought before them was brought to them by a traditional doctor and that this social group is still in a situation of discrimination: the deponent failed to inform the court the position of the complainant in society and whether he or she suffers from patterns of disadvantage or belongs to a group that suffers from such patterns of disadvantage; Press statement and articles that have appeared present advocating discrimination carried on by the since the era of colonialism.

27.The accused failed to inform the court that the systematic discrimination that the entire population and the group belonging to the traditional healthcare are  involved and the discrimination is systemic in nature to the Traditional Healthcare system and people.  28.The accused took no reasonable steps to accommodate the diversity of traditional doctors and took no steps in trying to understand the discrimination.

According to the facts advocated by the accused presented to the court, I ask for the accused's request to proceed in another forum rejected. The accused's request to have easier access because her financial situation and does not allow her to go to the equality court in Brits: I agree that the court closest to the accused is suitable. I therefore ask the court to proceed with the process of establishing the facts and court date.  22 November 2021 Brits Dr Rb De Beer.

[rebrandtdebibls]

Case EQ07-2021

In a matter of Discrimination Dr Rb De beer 

Respondent 

Yogas Nair Deputy Editor in Chief, Independent Media Africa 

[rebrandtdebibls]

Case EQ07-2021In a matter of Discrimination Dr Rb De beer  at more street 20 Brits, born 16.09.1971 Respondent  Yogas Nair Deputy Editor in Chief, Independent Media Africa  Accusations brought before the court in the face of (prima facie) the statements made by the accused. 

Without prejudice to any remedies of a civil nature under this Act, the court may, in accordance with section 21 (2) (n) and where appropriate, refer any case dealing with the publication, advocacy, propagation or communication of hate speech as contemplated in subsection (1), to the Director of Public Prosecutions having jurisdiction for the institution of criminal proceedings in terms of the common law or relevant legislation. In the first instance, the accused is guilty of having published material that can reasonably be understood as discriminatory. In the second instance, the accused is guilty of denying the fundamental rights of traditional doctors, specifically in law: Every THP has the freedom to receive or impart information or ideas. 

In the third instance, the accused is guilty of having pleaded false under oath before the court. In the fourth instance, the accused is guilty of advocating for material that can reasonably be understood as propaganda to harm and reasonably be understood to incite hatred for traditional doctors. In the fifth instance the accused is guilty of disseminating and advocating  information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights.

1.In the statements made by Yogas Nair in deferring her responsibilities she fails to inform the court of her past responsibilities: in point one one and point one two where the Lady Yogas Nair declares no responsibility for the publication of the content of the newspapers and in point one three and one four she omits to inform the court that Ms. Yogas is editor-in-chief of all newspapers of the media group: media 24. The publication by the group of the contiguous press statement of sahpra and Police Department was made on all media platforms of the group. The complete detailed list of all public information points owned by the group should be considered as a single publication with responsibility for the content by the lady who is Yogas Nair and was at the time Deputy Editor in Chief, Independent Media Africa. 2.The statements of the lady Yogas Nair from point two.one to point two. four fail to submit to court the documents  under discussion and all the names of the media platforms used to disseminate the hate speech statement. The deponent is of the opinion that it is unfair of my request to have equal opportunities and freedom of speech on the press statement made. 

3.In statement number three of the accused.The jurisdiction of the court of equality and  the discriminatory nature of the content of the press statement made by the Police Department and sahpra and by the accused are questioned. The accused forgets that it is forbidden to advocate or publish any material that can reasonably be understood to unjustly be discriminatory and promote hateful speech. The court of equality is called upon to dispose of the statements and decide whether it is my right to respond to the discriminatory and humiliating statements made.

4.The accused points out to the Brits Magistrates District Court of Equality where the case was presented that it has no jurisdiction in the area where the accused resides. I would like to point out to the accused that the court takes action on the case being a question of discrimination: and it has jurisdiction over the case as there is a court in the air where Ms. Yogas resides. I would like to point out to the court that Ms. Yogas’s company publishes and published the information (press statement of sahpra and saps) across Africa and that the Brits Court of Equality is competent as it cites both Ms. yoga's legal responsibility as editor-in-chief and as the group and as responsible for the platforms of the information published.

5.

Point six of the statement: starting from the deposition of the accused from point six up to point 7.2.4, the testimony of the accused is false and they are all conjectures. From the communication I received from the office of the Ombudsman reported at the bottom. 27 08 2020, time 09:18, INL Complaints <[email protected]>: Hi,  You keep referring to me as Naim and that is not my name. You were liaising with the regional executive editor whose name is YOGAS NAIR. Please note that your complaint has not been finalized and is closed. I have forwarded everything to the editor and they have the discretion to take the letter to print. Unless you have any further queries, I cannot assist you any further. Have a good day further. 

Kind Regards6.The answers from me on the conjectures and reasons that are related to the deliberations on the content of the articles and the press statement made by the accused; and by the police if not legal conjectures on a press statement based on legal assumptions not founded in law by sahpra and saps and the accused. It should be pointed out to the court that the three are accused of indirect and direct discrimination in denying the fundamental rights of traditional doctors. In law specifically: Traditional health Practitioners; have the right to equal protection and benefit of the law: this includes the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights. To promote the achievement of equality, of tradiotional health with legislative and other measures designed to protect or advance persons, for traditional health and the categories of traditional health practitioners. This includes:Every THP has inherent dignity and the right to have their dignity respected and protected. Every THP has the right to life and the security and the control over their body. Every THP  has the right to freedom of conscience, religion, thought, belief and opinion. Every THP has the freedom to receive or impart information or ideas. Every THP has the right to freedom of association. Every THP has the Freedom of trade, occupation and profession. No THP may refuse medical treatment. The accused is guilty of disseminating information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights. 7.

Statement of the accused number six. Four. Undercorrection, the accused did not make a copy of the second page of the mercury journal where a photograph appears in the context of a traditional medicine institution. The accused forgets that the article in question published refers to traditional doctors there institutions to the practice of prescribing Hemp and the people involved, a profile that was presented in a Consistent manner by the publications. I would therefore like to present to the deponent that:It is prohibited to disseminate information that could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person: Failing in admitting Profiling of THP’S as Criminals is discriminatory and the Provisions of Describing Honest People as Criminals Selling Drugs and Profiting from the Person's Illness is a humiliatingly degrading statement and hateful against THP’S. To deny the medical assistance chosen by patients is discrimination. The results  of the press release is to unfairly discriminate to the right of prescription of Hemp as a traditional medicine. 8.Declaration of the deponent. Seven. Two. It is evident that I have clearly complained against them about the content of the press statement: The accused repeats my complaint making a fool of me; according to the opinions and interpretations that the accused makes me inconsistent,  presenting the complaint As if I did not understand the nature of the decision of the constitutional court. I ask the court to ask the accused to stop putting words out of my mouth. Paraphrasing sentences by putting them in contexts not related to the discussion of discrimination.

9.Statement of the accused number seven. Two. One: the deponent mentions that she was informed by my complaint July 6, 2020. I would like to make present to the court that the article that appeared in the newspaper the mercury in 2019, the journalist had contacted me the week before giving me the interview. I contacted the newspaper the day before the article appeared and I contacted the newspaper the day after the piece appeared. And the deponent forgets all the correspondence at the bottom she received from the justice of the peace.

10.

Statement number seven. Two. Two from the accused: the deponent points out that my response to the publication of an article in response she certainly had to mention the pain suffered by the patients. 11. Statement number seven. Two. Three of the accused: the deponent states that she has received the decision of the Ombudsman for the justice and the peace; she would have considered publishing my answer.

12. Statement of the accused number seven. Two. Four: the deponent lies about not having received the correspondence containing the article to be published.

13.Statement of the accused number seven. Two. Five: the deponent rejects the evidence that I Dr. Russel Beer is a traditional doctor and practicing traditional medicine for thirty yers and owner of 66 dispensary’s and that the articles that appeared in the newspapers in the magazines on the Internet sites of the accused have publicly made a profile of traditional doctors. It should not be forgotten that the press statement made clearly mentions traditional doctors by associating them with criminal acts: I would like to remind you ( the accused) that it is forbidden to publish or to advocate any information that could reasonably be understood as discriminatory to the traditional practitioners and me as a member of such group.The article reported as an example by the accused of a multitude of articles that appeared in your ( the accused) newspapers is biased and is advocating your opinions and of the police as you did not place no anther opinions in the articles.  The question before the court is whether I have the right to respond to the statement made. According to the code of ethics for journalists it must be accurate and impartial and not advocate unfairly. The information reported was not accurate and unbiased. I am personally applied as I had five Traditional medical practitioners working under my directions in the identified area and I am identified as a traditional doctor. The articles in question present my profession as a traditional doctor in question: I therefore believe that I am personally involved as a doctor and morally injured party. Every THP has the freedom to receive or impart information or ideas. 14.Statement number eight of the accused: newspaper articles appeared on all media platforms available to the accused relating to the press statement from the police. The subscript offers 300 words to be published immediately: this offer minimizes the information to be displayed and is on one media platform. This solution is not fair in the amount of words offered and in the platforms offered to present the position, philosophy, tradition and medical practices of traditional doctors. So I rejected the offer. The offere is not proportional to the damage suffered. 

15.Statement of the accused number eight. Two: the accused does not recognize the (prima facie) evidence: The press statement describes traditional medical organizations as drug-selling criminals with Internet platforms where illicit drugs are sold by unauthorized persons. This profiling of the THP’S as criminals who commit criminal acts: describing honest people dedicated to treatment marked by human relations that are caring and compassionate according to their culture for the protection of the person and personal health is a degrading discriminatory action that damages the respect of the THP’S. 

the accused is guilty of disseminating information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights. 16.Statement number nine. One of the accused: the deponent becomes aware of the responsibility of the court with analogy of a gear at various speeds. The prevention of discriminatory acts which, according to the deponent, concern unjustified discrimination of equality, Elimination of unjustified discrimination. I will analyze the statements: prevention of discrimination in the second sentence of the paragraph declares this as an objective. Prevention of discrimination: I believe this is the education and actions taken by the Department of Justice to make people aware of their fundamental rights. The second word taken into account is an appellation in addressing unfair discrimination. When referring to a person and the person is reproached for his actions: I believe that this is the intention and the meaning given to this qualifying adjective. It continues with the declaration that equality is promoted and unfair discrimination is eliminated. Returning to the discussion and in deliberation the issue we are discussing is the 

enjoyment of all rights of Act.22 of the THP's and freedoms there from, and prescription of Hemp as traditional medicine and we are discussing the profiling of traditional doctors as criminals and the rights of every THP to freedom to receive or impart information or ideas. This implies the advancement, by special legal and other measures, of historically disadvantaged individuals, communities and social groups who were dispossessed of their culture and resources and deprived of their human dignity and who continue to endure the consequences to day at the hands of the sahpra and saps and media 24.  17.Statement number nine. Two of the accused: the deponent is convinced that my legal action is a private matter and not of public interest: my interest in the claim of traditional rights is for the recognition of their rights to our medicaments as a claim of rights sanctioned by the constitution of the Republic of South Africa and Bill of Rights. The deponent seems to fail to recognize and distinguish between a denied right a discriminated right and unjustified discrimination against the person. The right recriminated as discriminated is the right to speak and to recognize the rights of our class and the social group discriminated against by this press statement made through the accused's media platforms. Since she did not publish the 300 words agreed by the judge and but did not satisfy my requests to publish articles that could satisfy both parties: I am awaiting a decision by the court of equality. 18.Statement of the accused number nine.Three .: The deponent understands the statements made by me and does translate them into two points. The first point in question is point nine. Three. One: the media group published the press statement made by the police. On this point, the deponent and I are of the same opinion that the newspaper the mercury published on the front page a biased article. My claim on this statement is that is advocating hateful speech and that it is propaganda. I ask for the right to reply as an injured party. In the article on the third page I consider it opinion information and facts fabricated by the newspaper or by whoever wrote the complaint letter. The crimes mentioned are the administration of drugs to minors: such a very serious and unfounded statement is a lawsuits and fines for such actions by any of the people involved in my institutions throughout the Republic: in total i work with 66 herbalists distributed throughout the country. Parents who decide to use natural medicine to treat diseases such as cancer and seizures and anorexia bulimia attention disorders and problems related to the nervous system in general as a with a light tonic like hemp. These decisions are up to the parents and are presented according to culture and beliefs. I therefore find the article on the third page to be, of little sensitivity and does not take into consideration practices of cultures recognized as valid and less invasive alternatives for very serious and terminal diseases for patients at an early age. Continuation of the declaration with point nine. Three. Two from the accused: the deponent points out that 300 words in my opinion were insufficient and I had been discriminated against with this decision. These conclusions are unfounded and based on conclusions that the accused draws without foundation from any correspondence made by me with them. I sent the 300 words to the judge who sent the correspondence received to the editorial office and they were never published. My hope is that the accused will take note of her actions. Stop lying about opportunities offered and subjectively admit what she does in actions. 

19.Statement of the accused number nine. Four: in the declaration of the deponent she points out that the reported article mirrored that reported by the police: the accused did not take into consideration the content of this statement and dissociated herself from any voluntary action on her part to make any discrimination. If this statement were true, the accused would have given ample space to traditional doctors to present their opinion and their position and respect a balanced article without taking a position of guilty, for the THP’s a priori leaving this action to a judge.I therefore consider the newspaper article and the articles in the all the media platforms that appeared in the weeks to follow in the media to be in each case biased and advocating unfair discrimination: I believe that the accused should give space to opinions of minority groups as traditional doctors of which the population uses in cases of illness in 75% of cases when sick therefore not being a minority but an unrecognized majority.  20. Statement number nine. Five of the accused: the deponent draws attention from the court to the two articles that appeared in the newspaper and points out that these articles, being press statements in the first place, are not discriminatory, i.e. there is no desire to discriminate or hate towards traditional doctors and that the articles are totally balanced. I differ from the opinion of the accused and I believe that the articles are biased and advocating a profile of traditional doctors rather deplorable and unflattering and somewhat most discriminatory. I believe that the accused does not understand the requests made by me AND tries to impose his own conclusions regarding the content of the articles that have appeared.

21.Statement number nine. Six of the accused: the deponent points out that I have no means to point out that I am qualified as a traditional doctor. The accused behaves typically and demonstrates with her last statement that she herself cannot distinguish her actions from her words and continues and persists in not recognizing the discrimination suffered personally by traditional doctors and continues the non-recognition of our social group and the Apartheid tentacles are long and continue to cause pain and discrimination. I believe that the accused must take a course to raise awareness of discrimination issues. 

22.Statement number nine. Seven of the accused: the deponent points out to the court that the articles that have appeared are not discriminatory, they do not profile traditional doctors, describing them as criminals and are even founded in law and are not advocating unfair discrimination. I believe that the accused should take an awareness course on discrimination issues.

23. 

Statement number nine. Eight of the accused: the deponent tells the court that I must take legal action against her two accomplices. I would like to point out to the accused that both have received a motion to appear in court and respond to the accusation of discrimination. I thank the accused very much for her interest. 24.Statement number nine. Nine of the accused: the deponent points out to the court that there is no merit because the case should be judged. I would like to point out to the accused that the merits of the case are based on the actions the accused took: as I believe that the accused did not allow me to respond to the press statement made. In the second instance, I believe that the information that has been presented to the public is biased and that it can reasonably be understood as discriminatory against traditional doctors and advocating discrimination. I ask that the court of equality take a decision on my requests. First of all, that she recognizes the parliamentary Act of traditional doctors number 22 and that the statements made are discriminatory and pays moral compensation for a total value of 7 million. 25.Statement number 10 of the accused: the deponent informs the court about her situation and suggest that the court use alternative possibilities to resolve the matter: I believe that the institutions involved in the legal action require the presence of a court that has powers that can be applied directly and the office proposed by the accused does not have sufficient powers. I therefore believe that the equality court is appropriate and I ask that the accused's request is denied. 

26.Statement number 10. Two of the accused: the deponent points out that a series of financial difficulties to appear in court in Brits. I submit to the will of the court to use a court in the vicinity of the accused as requested by the accused. 

20.Statement number 10. Three of the accused: deponent points out to the court that she would like to have a legal representative and the bill must be paid by her employer. I have no position to take on this and I consider the position of the accused as unjustified, so I believe that the desire to have legal representation is legitimate. I have nothing against it.

21.

Statement number 10. Five of the accused: the deponent points out that I refused the offer made. 22.Statement number 10. Six: the deponent informs the court that I bring a lawsuit that wastes the court's time that does waste resources in the court because my request would amount to a waste of resources that the court and that she would put her employer in a position that would force them to defend themselves against an accusation that has no merit. I would like to point out to the deponent that the lawsuit before the equality court is for having denied the right to reply and advocating the discriminatory statements made by the police. I therefore believe that the accused has denied my rights. I therefore ask the courtesy of Equality court to restore equality. 23.Statement number 11 of the accused: in conclusion, she asks that the case be dismissed as the court has no jurisdiction and the fact did not happen. I would like to point out to the court that the deponent turned drown my fundamental rights as a traditional doctor and that she did not apply the code of ethics of journalists and is advocating unfairly in all the articles that appeared in the of newspapers owned by the group. I therefore ask the court to reject the requests of the respondent. And to judge the case before the court to have the decision that is in the right of and respects of the values of equality.

24. The respondent fails to point out to the court why such discrimination must continue and the persons subject to the discrimination; impairs there human dignity. Patients exercise their right to be treated according to rights of treatment marked by human relations that are caring and compassionate according to their culture, philosophy and personal medical beliefs and needs. 25. The accused fails to point out to the court that what impact does this provision have and  had in the past and to date in denying the rights of expression and response and the impact of the discrimination on the complainant; 75% of the South African population makes use of traditional medicine and the impact of this Act on the population since 1957 when the Witch and witchcraft Act was instituted in South Africa the persecution, incarceration and systematic killing of traditional doctors under the apartheid regime. Why ?  26.The accused failed to point out to the court that the complaint brought before them was brought to them by a traditional doctor and that this social group is still in a situation of discrimination: the deponent failed to inform the court the position of the complainant in society and whether he or she suffers from patterns of disadvantage or belongs to a group that suffers from such patterns of disadvantage; Press statement and articles that have appeared present advocating discrimination carried on by the since the era of colonialism.

27.The accused failed to inform the court that the systematic discrimination that the entire population and the group belonging to the traditional healthcare are  involved and the discrimination is systemic in nature to the Traditional Healthcare system and people.  28.The accused took no reasonable steps to accommodate the diversity of traditional doctors and took no steps in trying to understand the discrimination.

According to the facts advocated by the accused presented to the court, I ask for the accused's request to proceed in another forum rejected. The accused's request to have easier access because her financial situation and does not allow her to go to the equality court in Brits: I agree that the court closest to the accused is suitable. I therefore ask the court to proceed with the process of establishing the facts and court date.  22 November 2021 Brits Dr Rb De Beer.

[rebrandtdebibls]

Case EQ07-2021

In a matter of Discrimination Dr Rb De beer 

Respondent 

Yogas Nair Deputy Editor in Chief, Independent Media Africa 

[rebrandtdebibls]

Equality Court in Madibeng at he Brits Magistrates Court. Case number  EQ09-2021

Equality Court in Madibeng at he Brits Magistrates Court. Case number  EQ09-2021

In the Matter of Discrimination: I Dr RB De Beer at More street 20 Brits born 16.09.1971

Declare to the Respondent:

Professor Helen Rees and SAHPRA and Daphne Fafudi.

The accusations brought before the court in the face of “prima facie” the statements made by the accused. Without prejudice to any remedies of a civil nature under this Act, the court may, in accordance with section 21 (2) (n) and where appropriate, refer any case dealing with the publication, advocacy, propagation or communication of hate speech as contemplated in subsection (1), to the Director of Public Prosecutions having jurisdiction for the institution of criminal proceedings in terms of the common law or relevant legislation. In the first instance, the accused is guilty of having published material that can reasonably be understood as discriminatory. In the second instance, the accused is guilty of denying the fundamental rights of traditional doctors, specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from. In the third instance, the accused is guilty of having pleaded false under oath before the court. In the fourth instance, the accused is guilty of advocating for material that can reasonably be understood as propaganda to harm and reasonably be understood to incite hatred for traditional doctors. In the fifth instance the accused is guilty of disseminating and advocating  information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights.

1.

In Mrs Daphne's testimony in the points three and four and point five she fails to point out to the court that sahpra has no authority over the products prescribed by traditional doctors.

2.

In response to the statement made on 28.10.2021 By the accused: Point 13 mentions criminal transgressions which according to the deponent must be corrected by criminal procedure. Almost three years have passed since the statement made by the accused to the press today, the police have proceeded to the systematic arrest of traditional doctors to date of my knowledge in more than 300 people acting on a legal assumption made from what I understand from Ms. Daphne.Statement.

From this statement it is understood that Ms. Daphne persists in not coming to terms that the denial of a right to a person is discrimination. In law specifically: Traditional health Practitioners; have the right to equal protection and benefit of the law: this includes the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights. To promote the achievement of equality, of tradiotional health with legislative and other measures designed to protect or advance 

persons, for traditional health and the categories of traditional health practitioners. This includes:

Every THP has inherent dignity and the right to have their dignity respected and protected. Every THP has the right to life and the security and the control over their body. Every THP  has the right to freedom of conscience, religion, thought, belief and opinion. Every THP has the freedom to receive or impart information or ideas. Every THP has the right to freedom of association. Every THP has the Freedom of trade, occupation and profession. No THP may refuse medical treatment.

3.

In the press statement the Police and sahpra;  state THP’S committed a crime. And they suggest that there is a sentence to be atoned and there is a legal process where traditional doctors will be found guilty of drug dealing: such a declaration requires that the judiciary to take a made decision that traditional doctors cannot prescribe hemp as a medicine. The police asked the public prosecutor to initiate a legal procedure where the Act. 22 of the parliament of 2007 THP’S Act. “ What is medicine” is rewritten as it requires the limitation of the rights granted. This decision requires that medical evidence brought before the constitutional court be overturned. Zondo Act. page 40 case cct 108/17 Present clinical experience suggests that cannabis does not produce physical dependence or abstinence syndrome. Such legal procedure requires that the magistrate of the judiciary make a legislative and non-judicial decision. The procedure in place before the magistrates court exceeds the judicial responsibility as the decision would have legislative consequences. And continue systemic discrimination and inequalities, particularly in respect of spheres of life as healthcare as a result of past and present unfair discrimination, brought about by colonialism, the apartheid system. And none the less If any conflict relating to a matter dealt with in this Act arises between this Act and the provisions of any other law, other than the Constitution or an Act of Parliament expressly amending this Act, the provisions of this Act must prevail. The police arrested more than 300 people to my knowledge without ever having one sentence: which should be the first purpose of the detention and arrest of the person that such accusations can then result in a sentence to be expiated or to be paid financially according to the criminal act contrary to law.

4.

I do not accept Ms Daphne's testimony as she is not the person sued and is not the person legally appointed as responsible of sahpra. I only accept:

The deponent as a witness and accused on account as the redatte of the press release: the final draft of the contents must be approved by the board or the person appointed head of sahpra. So I do not accept the testimony of the respondent number two as respondent number one, respondent number one Helen Rees must answer personally as has to be the last person to make the decision in the press statement and the accused one and two are advocating for material that can reasonably be understood as propaganda to harm and reasonably be understood to incite hatred for traditional doctors.

5.

In response to Ms Daphne's statement that she is authorized by Ms Rees from the sahpra parastatal association to act on their behalf: I reply below to the statements made by Ms Daphne as sahpra.

6.

As mentioned in point 12 of Ms. Daphne's statement: the statement does not distinguish between the illegal sale of Hemp and medical treatment. We THP’s have medical institutions complete with doctor’s. With patients with rights to of treatment marked by human relations that are caring and compassionate according to their culture, philosophy and personal medical beliefs and needs. Zondo Act. page 40 case cct 108/17 Present clinical experience suggests that cannabis does not produce physical dependence or abstinence syndrome. To read with THP’S ACT OF 2007 OF PARLIAMENT.  What is medicine. 

7.

Point 13 statement.

As stated in point 13 sahpra has no authority over the products prescribed by traditional doctors and any part of the THP’s Act. 22 of the parliament of South Africa of 2007. The statements made has no legal value but Being discriminatory and degrading in nature in itself. Being outside their jurisdiction and not in the confines of the authority of sahpra. The accusation of illicit drug trade by Daphne based on the accusation in her opinion that the Traditional Health Practitioners Act.22  has been manipulated: in what sense can a given document be manipulated? The accused is disseminating and advocating  information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights.

[rebrandtdebibls]

By Dr. Russel Brent De Beer Equality Court Affidavit.

8.

Declaration. 14.

The press statement describes traditional medical organizations as drug-selling criminals with Internet platforms where illicit drugs are sold by unauthorized persons. This profiling of the THP’S as criminals who commit criminal acts: it is describing honest people dedicated to treatment marked by human relations that are caring and compassionate according to their culture for the protection of the person and personal health is a degrading discriminatory action that damages the respect of the THP’S. The accused is disseminating and advocating  information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights.

9.

Point 16 Statement: It is prohibited to disseminate information that could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person: Failing in admitting Profiling of THP’S as Criminals is discriminatory and the Provisions of Describing Honest People as Criminals Selling Drugs and Profiting from the Person's Illness is a humiliatingly degrading statement and hateful against THP’S. To deny the medical assistance chosen by patients is discrimination. The results  of the press release is to unfairly discriminate to the right of prescription of Hemp as a traditional medicine. The accused is disseminating and advocating  information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights.

10.

Declaration number 17: The appeal procedure concerns a decision of the authority: this is a question of statute and procedure: a public statement is not a decision of the authority but a press statement: without an actual decision.  The subject under discussion is the content of the declaration. Not a decision of a state body. Therefore the office cited in question for the resolution of this public statement was and is at present not equipped with sufficient powers: and the court of equality being the competent body in terms of statements of hateful speech with intention to disseminate and advocate information that could reasonably be construed as degrading and discriminatory. Example: all state employees must wear red socks; this is an order from the authorities. Example number two: the sky is orange. This is a statement: And if it came into question we would discuss the declaration (press statement) of the color of the sky which is clearly blue by mutual agreement.

[rebrandtdebibls]

By Dr. Russel Brent De Beer Equality Court Affidavit.

11,

Statement 20: The statement seeks to remove the rights enshrined for traditional doctors and fails to understand the problem objectively. It persists in the discrimination of traditional doctors and demonstrates no understanding between the discrimination suffered with the press statement. The accused is disseminating and advocating  information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights.

12.

I ask that the safpra requests be rejected and the matter be in front of the court of equality being the competent court And a matter of evident ongoing direct discrimination with the intent in denying the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from.

13.

In conclusion, I ask that the request be denied as the accused does not comply with the requests made by me: first of all to recognize the validity of the constitutional Act 22 of parliament for traditional doctors. Second the accused must recognize the right to prescribe hemp as a medicinal plant. Third the payment for moral damages with a total of 7 million. The accused does not recognize the right to be treated therefore discriminates against the right to life. Act. 27  It is prohibited to disseminate information that could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person: as in the case of the press statement made, does not recognize the right to prescribe hemp as a medicinal plant and profiling of THP’s and give the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from. The respondent has not proven the discrimination is fair.

14.

The respondent has not proven why the discrimination must continue to impair human dignity; THP’s are dedicated to treatment marked by human relations that are caring and compassionate according to their culture for the protection of the person and personal healthcare. 

15.

The respondent did not explain to what extent the discrimination achieves its purpose; when sick people do not have the right to be prescribed hemp as a medicinal plant from there local herbalist. 

16.

The respondent has failed to explain why it can not accommodate the of diversity of THP’s.

28.11.2021 DR RB De Beer 

[rebrandtdebibls]

Court of Equality Statement by Director Helen Reed and myself. medicinal products regulatory commission South African authorities

[rebrandtdebibls]

Equality Court in Madibeng at he Brits Magistrates Court. Case number  EQ09-2021

Equality Court in Madibeng at he Brits Magistrates Court. Case number  EQ09-2021

In the Matter of Discrimination: I Dr RB De Beer at More street 20 Brits born 16.09.1971

Declare to the Respondent:

Professor Helen Rees and SAHPRA and Daphne Fafudi.

The accusations brought before the court in the face of “prima facie” the statements made by the accused. Without prejudice to any remedies of a civil nature under this Act, the court may, in accordance with section 21 (2) (n) and where appropriate, refer any case dealing with the publication, advocacy, propagation or communication of hate speech as contemplated in subsection (1), to the Director of Public Prosecutions having jurisdiction for the institution of criminal proceedings in terms of the common law or relevant legislation. In the first instance, the accused is guilty of having published material that can reasonably be understood as discriminatory. In the second instance, the accused is guilty of denying the fundamental rights of traditional doctors, specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from. In the third instance, the accused is guilty of having pleaded false under oath before the court. In the fourth instance, the accused is guilty of advocating for material that can reasonably be understood as propaganda to harm and reasonably be understood to incite hatred for traditional doctors. In the fifth instance the accused is guilty of disseminating and advocating  information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights.

1.

In Mrs Daphne's testimony in the points three and four and point five she fails to point out to the court that sahpra has no authority over the products prescribed by traditional doctors.

2.

In response to the statement made on 28.10.2021 By the accused: Point 13 mentions criminal transgressions which according to the deponent must be corrected by criminal procedure. Almost three years have passed since the statement made by the accused to the press today, the police have proceeded to the systematic arrest of traditional doctors to date of my knowledge in more than 300 people acting on a legal assumption made from what I understand from Ms. Daphne.Statement.

From this statement it is understood that Ms. Daphne persists in not coming to terms that the denial of a right to a person is discrimination. In law specifically: Traditional health Practitioners; have the right to equal protection and benefit of the law: this includes the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights. To promote the achievement of equality, of tradiotional health with legislative and other measures designed to protect or advance 

persons, for traditional health and the categories of traditional health practitioners. This includes:

Every THP has inherent dignity and the right to have their dignity respected and protected. Every THP has the right to life and the security and the control over their body. Every THP  has the right to freedom of conscience, religion, thought, belief and opinion. Every THP has the freedom to receive or impart information or ideas. Every THP has the right to freedom of association. Every THP has the Freedom of trade, occupation and profession. No THP may refuse medical treatment.

3.

In the press statement the Police and sahpra;  state THP’S committed a crime. And they suggest that there is a sentence to be atoned and there is a legal process where traditional doctors will be found guilty of drug dealing: such a declaration requires that the judiciary to take a made decision that traditional doctors cannot prescribe hemp as a medicine. The police asked the public prosecutor to initiate a legal procedure where the Act. 22 of the parliament of 2007 THP’S Act. “ What is medicine” is rewritten as it requires the limitation of the rights granted. This decision requires that medical evidence brought before the constitutional court be overturned. Zondo Act. page 40 case cct 108/17 Present clinical experience suggests that cannabis does not produce physical dependence or abstinence syndrome. Such legal procedure requires that the magistrate of the judiciary make a legislative and non-judicial decision. The procedure in place before the magistrates court exceeds the judicial responsibility as the decision would have legislative consequences. And continue systemic discrimination and inequalities, particularly in respect of spheres of life as healthcare as a result of past and present unfair discrimination, brought about by colonialism, the apartheid system. And none the less If any conflict relating to a matter dealt with in this Act arises between this Act and the provisions of any other law, other than the Constitution or an Act of Parliament expressly amending this Act, the provisions of this Act must prevail. The police arrested more than 300 people to my knowledge without ever having one sentence: which should be the first purpose of the detention and arrest of the person that such accusations can then result in a sentence to be expiated or to be paid financially according to the criminal act contrary to law.

4.

I do not accept Ms Daphne's testimony as she is not the person sued and is not the person legally appointed as responsible of sahpra. I only accept:

The deponent as a witness and accused on account as the redatte of the press release: the final draft of the contents must be approved by the board or the person appointed head of sahpra. So I do not accept the testimony of the respondent number two as respondent number one, respondent number one Helen Rees must answer personally as has to be the last person to make the decision in the press statement and the accused one and two are advocating for material that can reasonably be understood as propaganda to harm and reasonably be understood to incite hatred for traditional doctors.

5.

In response to Ms Daphne's statement that she is authorized by Ms Rees from the sahpra parastatal association to act on their behalf: I reply below to the statements made by Ms Daphne as sahpra.

6.

As mentioned in point 12 of Ms. Daphne's statement: the statement does not distinguish between the illegal sale of Hemp and medical treatment. We THP’s have medical institutions complete with doctor’s. With patients with rights to of treatment marked by human relations that are caring and compassionate according to their culture, philosophy and personal medical beliefs and needs. Zondo Act. page 40 case cct 108/17 Present clinical experience suggests that cannabis does not produce physical dependence or abstinence syndrome. To read with THP’S ACT OF 2007 OF PARLIAMENT.  What is medicine. 

7.

Point 13 statement.

As stated in point 13 sahpra has no authority over the products prescribed by traditional doctors and any part of the THP’s Act. 22 of the parliament of South Africa of 2007. The statements made has no legal value but Being discriminatory and degrading in nature in itself. Being outside their jurisdiction and not in the confines of the authority of sahpra. The accusation of illicit drug trade by Daphne based on the accusation in her opinion that the Traditional Health Practitioners Act.22  has been manipulated: in what sense can a given document be manipulated? The accused is disseminating and advocating  information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights.

[rebrandtdebibls]

By Dr. Russel Brent De Beer Equality Court Affidavit.

8.

Declaration. 14.

The press statement describes traditional medical organizations as drug-selling criminals with Internet platforms where illicit drugs are sold by unauthorized persons. This profiling of the THP’S as criminals who commit criminal acts: it is describing honest people dedicated to treatment marked by human relations that are caring and compassionate according to their culture for the protection of the person and personal health is a degrading discriminatory action that damages the respect of the THP’S. The accused is disseminating and advocating  information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights.

9.

Point 16 Statement: It is prohibited to disseminate information that could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person: Failing in admitting Profiling of THP’S as Criminals is discriminatory and the Provisions of Describing Honest People as Criminals Selling Drugs and Profiting from the Person's Illness is a humiliatingly degrading statement and hateful against THP’S. To deny the medical assistance chosen by patients is discrimination. The results  of the press release is to unfairly discriminate to the right of prescription of Hemp as a traditional medicine. The accused is disseminating and advocating  information that unjustly discriminates. And demonstrates the clear intention to deny the fundamental rights of traditional doctors before the public specifically in law: the full and equal enjoyment of all rights of Act.22 of the THP's and freedoms there from and the Bill of Rights.

10.

Declaration number 17: The appeal procedure concerns a decision of the authority: this is a question of statute and procedure: a public statement is not a decision of the authority but a press statement: without an actual decision.  The subject under discussion is the content of the declaration. Not a decision of a state body. Therefore the office cited in question for the resolution of this public statement was and is at present not equipped with sufficient powers: and the court of equality being the competent body in terms of statements of hateful speech with intention to disseminate and advocate information that could reasonably be construed as degrading and discriminatory. Example: all state employees must wear red socks; this is an order from the authorities. Example number two: the sky is orange. This is a statement: And if it came into question we would discuss the declaration (press statement) of the color of the sky which is clearly blue by mutual agreement.