Benefit sharing is a technical term, which was popularised by the Convention on Biological Diversity (CBD) adopted at the 1992 Earth Summit in Rio de Janeiro. The CBD was the first international treaty to recognise that the conservation of biodiversity is a "common concern of humankind". The custodians of biodiversity are often indigenous communities in developing countries whose rights were strengthened by CBD Parties when it was decided that access to traditional knowledge should be subject to prior informed consent and benefit sharing.

Traditional knowledge is an important resource in the health care sector, which has led to significant research leads for pharmaceutical and food supplement industries. Following the adoption of the CBD, indigenous communities can expect a share in the benefits of such research, often in the form of royalties paid into trust funds. Two such examples are the trust funds of the San and the Kani people. Despite laudable intentions to increase equity for all through benefit sharing, such trusts often face the considerable difficulties. This paper shall introduce the two cases and give a preliminary assessment of the challenges faced.

We are keen to hear best practice examples and challenges faced by similar trusts established in Australia to distribute income generated through mining on indigenous lands.

Roger Chennells, is founding partner of Chennells Albertyn, a firm practicing human rights law in Stellenbosch and Cape Town. For over 15 years, Roger has been assisting indigenous communities around the world (e.g. South Africa, Namibia, Botswana, Australia, Jamaica) with their rights to land, heritage and intellectual property. He has been legal advisor to the San peoples since 2002. Roger holds human rights awards from the British and the US American government and has represented indigenous communities at the United Nations.

Prof. Doris Schroeder, whose background is in philosophy, politics and economics, is Director of the Centre for Professional Ethics at the University of Central Lancashire and Professorial Fellow at the Centre for Applied Philosophy and Public Ethics, University of Melbourne in Australia. Her main research interests include international justice, human rights, public health in developing countries and benefit sharing. She has led research projects for the Wellcome Trust and the European Commission on benefit sharing and been invited to all continents to share her knowledge on the topic. Doris is a member of the British Food Ethics Council, the Human Rights Editor of the Cambridge Quarterly of Healthcare Ethics, an International Steering Group Member of the Dutch Research Council, a regular ethics review panel chair for the European Commission and a member of the British Philosophical Association and the British Association of Legal and Social Philosophers.