4.5 The Parties and implementing institutions
The six communities of the Potato Park are the parties to the Inter-community Agreement. They are represented
by their own authorities, formally recognized by national legislation; and the Association of the Potato Park, whose
General Assembly is composed of representatives of the six communities that make up the Park. The Association
of the Potato Park is given functions in the allocation of benefits, as well as in the maintenance and administration
of the Park’s goods and services. Additionally, the Association of the Potato Park will support the implementation of
the agreement. This is one of the points over which the communities encountered the most difficulty in reaching an
agreement, since, while there are clear mechanisms for decision-making at the community level, some mechanisms
at the inter-community level had to be defined during the negotiation process.
Furthermore, to develop the activities and services of the Park that produce revenue, the communities
have created a series of economic collectives organized by the type of activity performed. Members of
the collectives are elected by each community in the Park to participate in groups such as the women’s
gastronomy, video, and medicinal plants collectives. The economic collectives form part of the Association of
Communities of the Potato Park, and are regulated under that organization. The Intercommunity Agreement,
and its three core customary norms, dictate the relationship between the collectives and the Association in
terms of distribution and redistribution of benefits. Within each collective, a General Assembly and elected
Directors oversee and organize operations. Members of the collective have rights and obligations outlined in
their bylaws, including the obligation to participate in discussion and approval of work plans and projects, and
the obligation to contribute, either individually, or as a group to the Park’s Communal Fund. These economic
collectives generally earmark 10% of the benefits obtained through their activities to the Communal Fund,
whose resources are used for the maintenance and sustainability of the Park, and are also redistributed in an
equitable manner to communities of the Park at the end of the year.
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Review of the organization and functioning of the economic collectives has led to a decision to transition to
a model of a Multi-community Company, based on the Law of Indigenous Communities and taking from that
law the basis for organization, legal recognition and management. The goal of the Multi-community Company
is to ensure: broader representation of the collectives at Park level; an administration that maintains the unity
of the area as a functioning principle; that assistance is available for the promotion and marketing of various
products developed by the collectives; and that the profits generated by these collectives will be distributed
to, or otherwise benefit, all members of the six communities that make up the Park.
4.6 Benefit sharing
Throughout the development of the Inter-community Agreement, changes were made in how the funds
generated by Park activities would be distributed. In 2007, benefits which accrued to the Potato Park
were distributed to the Association of Communities of the Potato Park, and the following year, equally to all
participating communities. Following some reflection on the different levels of participation and contribution
to Park activities, and what constitutes fair and equitable distribution of benefits, criteria were developed to
ensure that the benefits derived from Potato Park activities were distributed in a manner agreed upon by all
communities. In 2009, a process of validation began, with the Intercommunity Agreement being presented
at community meetings in each community of the Potato Park. Some additional observations were made at
this stage, and a few final changes were required before the agreement was approved by the six communities
and signed by their presidents, as well as by representatives of the economic collectives. That same year,
the benefits generated through tourism activities, donations and contributions from the various economic
collectives were distributed based on criteria identified by the communities of the Park.
The Association of the Potato Park is in charge of the distribution and redistribution of benefits and goods
to community members, through a special commission created for this purpose (the Benefits Allocation and
Oversight Committee); and through the Papa Arariwa (Guardians of the Native Potato) Collective, created
specifically for the distribution of repatriated potato seeds to the Park as a result of the agreement with CIP.
The rules of distribution and redistribution are among the most important customary norms of Andean society,
as they are based on the principle of reciprocity that maintain the functioning of the Biocultural System. Each
member of the community receives benefits/goods according to the amount and time of work and effort
carried out. This principle of reciprocity is embodied in the practices of voluntad (willingness), ayni (mutual
assistance) and minka (exchange of labour). The services provided directly by a member of the community
(for example, those related to ecotourism), are carried out according to the same principle applied to the land
rotation system for agriculture. As is the custom with land, work is also done in shifts (job rotation), thereby
ensuring that everyone has the opportunity to perform the task. Community members receive the direct
benefit of carrying out the task when it is their shift. By having an equal opportunity to provide service at some
point, all members receive benefits.
Protecting Community Rights over Traditional Knowledge: Implications of customary laws and practices