Andean Roots and Tuber Crops /
The Yacon Debate versión español
FAQs
Background
In November of 1999, the International Potato Center (CIP) provided five in vitro samples of yacon from its germplasm collection to a representative of the Peruvian Ministry of Agriculture. These plants, together with yacon material from other sources, were transferred to Japan by officials at the Peruvian Ministry of Agriculture. This transfer of yacon material has raised debate in the national and international community. We offer the following answers to frequently asked questions in this debate.
Frequently asked questions (FAQs)
What is CIP’s role with regard to the conservation and use of germplasm?
Could CIP have refused to give the [yacon] genetic material to the Peruvian Ministry of Agriculture?
Can this [yacon] genetic material be patented by others?
Is this the first time that yacon has been exported to Japan?
What are the advantages for Peru as the host of CIP's headquarters?
Can anyone request genetic material from CIP?
What is CIP’s legal status?
CIP is an international agricultural research organization accredited by its host country, Peru, through an agreement that has been ratified by eight other countries and remains open for other countries to join at any time.
What is CIP’s role with regard to the conservation and use of germplasm?
CIP is responsible for conserving genetic material of its mandate crops (potato, sweetpotato and other Andean roots and tubers). This material is held "in trust" for future generations under an agreement with the Food and Agriculture Organization of the United Nations (see background), and in short-term holdings. CIP can distribute this germplasm freely anywhere in the world, in compliance with national and international regulations, as long as the recipient agrees not to obtain intellectual property rights, in any form, for any of the material it receives.
Could CIP have refused to give the [yacon] genetic material to the Peruvian Ministry of Agriculture?
CIP is obliged to fulfill requests made by national authorities of any country for the return or repatriation of genetic material supplied by that country. Each country exercises its sovereign right to decide how it uses its genetic resources, and CIP has no authority to interfere with or establish limits to this procedure. The five in vitro yacon plants from CIP’s collection were delivered to the Peruvian authorities with a written warning indicating that their phytosanitary state was unknown and therefore their eligibility for export could not be guaranteed.
Can this [yacon] genetic material be patented by others?
The fact that the five yacon samples supplied by CIP are duly registered in the Center’s genetic database and in the international databases of genetic resources used by the Food and Agriculture Organization of the United Nations and other international bodies is a clear deterrent to any attempt to patent them.
Is this the first time that yacon has been exported to Japan?
According to scientific evidence, yacon was first introduced to Japan via New Zealand in 1985. The yacon grown in New Zealand at that time was obtained from the Andes (but not from Peru) more than 35 years ago, five years before CIP was created. From New Zealand, yacon was also exported to Brazil, Czechoslovakia, and Korea.
What are the advantages for Peru as the host of CIP's headquarters?
According to recent impact studies, the Peruvian economy is boosted by about US$20 million, due to the presence of CIP headquarters. In addition to economic gain, Peru benefits from CIP's research output on several Andean root and tuber crops (ARTCs). These crops (including yacon) are held in trust in CIP's genebank and have great potential as alternative sources of food and as raw material for industry processing. CIP helps Peruvian farmers find new markets for ARTCs to help fight hunger and poverty, and gives a high priority to training, in order to build up and enhance national capabilities and to facilitate the transfer of new technologies to farmers. Since 1973, CIP has trained more than 300 undergraduate and more than 200 graduate students. CIP has also provided more than 4000 specialized courses, more than 200 individualized training sessions, and about 200 professional internships.
Can anyone request genetic material from CIP?
CIP tries to make all of its materials, products, innovations, and technologies freely available to beneficiaries in developing countries. In the same spirit, the collections of CIP's genebank are considered as public goods, held in trust for the benefit of humanity. These genetic resources, frequently the results of improvements achieved by scientists and farmers in developing countries, are widely distributed for research purposes. CIP reserves its right to make requests for intellectual property rights to material or techniques when there is genuine concern that without these rights, researchers from developing countries would lose free access to the materials. In 1999, CIP elaborated a strict protocol about genetic resources, biotechnology and intellectual property rights.
What do the international experts say about CIP's role in the transfer of the [yacon] genetic material to Japan?
International institutions and experts on the subject of genetic materials transfer have analyzed this case and have concluded that CIP acted in full accordance with international regulations. Their statements follow:
Extract from the Report of the 12th Session of the Consultative Group on International Agricultural Research (CGIAR) Genetic Resources Policy Committee (GRPC), Aurangabad, India, 20-23 February 2001:
<< 7. The [CGIAR Genetic Resources Policy Committee (GRPC)] discussed recent allegations by some critics concerning an infringement by the International Potato Center (CIP) of its agreement with FAO. The Committee was requested to place this item on its agenda by CIP and by the NGO alleging that CIP had acted improperly. The Committee thus had access to information from both the critics of CIP and CIP itself. In summary, the incident concerns the transfer of approximately five accessions of yacon, an Andean root and tuber crop. CIP had originally acquired these materials from Peru. Initially, Japan requested access to these materials, which CIP had designated under its agreement with FAO. CIP indicated to Japan that the requested accessions may be diseased, and stated that it would transfer them only with the proper phytosanitary certificates. While access under the FAO-CGIAR agreements is ensured to all countries, the Second Joint Statement between FAO and the CGIAR Centers concerning this Agreement does not oblige Centers to distribute samples that do not meet health or quarantine standards. Subsequently, the Ministry of Agriculture of Peru requested restoration of these same materials. Under Article 9 of the FAO-CGIAR Agreements, CIP is required to supply materials to the country that provided them. In returning material to the country that supplied it, Article 9 provides that the "recipient" is not bound by the same obligations as other recipients. Specifically, no Material Transfer Agreement is used when restoring such germplasm. CIP therefore supplied the materials to the Ministry of Agriculture of Peru, noting their questionable health status. The Ministry of Agriculture subsequently supplied yacon materials – presumably those that had been provided by CIP – to Japan. Critics contend that Japan should not have received these materials and that CIP is morally and/or legally responsible for what they claim to have been an improper transfer of these genetic resources to Japan. After thorough discussion, the Committee made the following observations:
Upon request, CIP sent the Ministry of Agriculture of Peru the requested material in full conformity with the Agreement it had signed with FAO, and in particular with regards to the restoration of material to the country originally providing it. The Ministry of Agriculture then, in execution of Peru’s sovereign rights, sent it on to Japan, a decision CIP neither has power to prevent nor in which it has the right to interfere.
On the basis of the information provided by CIP and the party making the allegations, the Committee thus concluded that CIP acted both ethically, and in complete accordance with the FAO-CGIAR Agreements.The Committee commends CIP for its proper management of this germplasm held "in-trust" under the auspices of FAO, and, in the context of a complex situation, for its strict adherence to the requirements of the Agreement with FAO. >>
For information on the GRPC, chaired by M.S. Swaminathan, see: www.cgiar.org/who/wwa_advisory.html#genetic
For information on M.S. Swaminathan, see: www.mssrf.org.sg/aboutfoundation.html#profmss
For information on the M.S. Swaminathan Research Foundation’s Farmers’ Rights Information Service, see: www.mssrf.org.sg/webfris/index.html
Extract from Yacon come home?, a news release distributed by the Rural Advancement Foundation International (RAFI), Winnipeg, Canada, on 10 August 2001:
<< ... [RAFI] contacted civil society colleagues in Peru and also spoke with a number of people close to CIP. 'But all CIP had done,' [RAFI Executive Director Pat] Mooney continues, 'was repatriate Peruvian genetic resources to the Peruvian Government upon their request. The Peruvian authorities knowingly allowed the plants to escape to Japan. If RAFI had learned that CIP had refused to surrender Peruvian material to Peru - or had in any way tried to undercut Peruvian sovereignty - we would have gone after CIP with a vengeance.' ... >>
For information on RAFI, or to read the full text of this news release, see www.rafi.org
Background (back to FAQs)
Facts about CIP and root and tuber crop genetic resources
International agreements to conserve and protect genetic resources
CIP and the yacon debate
Facts about yacon
Yacón (Smallanthus sonchifolius) grows on the slopes of the Andes from Venezuela to Argentina. Yacon roots can be eaten raw and have a pleasant sweetness that comes in part from fructans, carbohydrates that are not metabolized by the human body and therefore can be safely consumed by diabetics. The plant’s leaves are used to make a tea that is believed to help control high blood pressure. Yacon is one of eleven root and tuber crops held in trust in the genebank of the International Potato Center (CIP, for its acronym in Spanish) at its headquarters in La Molina, Lima, Peru.
Facts about CIP and root and tuber crop genetic resources
CIP was created 30 years ago with the explicit mission to collect, conserve, and make available potato genetic material to researchers worldwide, and to conduct research on potato on behalf of developing countries. CIP’s research program was expanded to include sweetpotato research in 1985, and the study of nine other Andean root and tuber crops (ARTCs), in 1991. Because many of these ARTCs were threatened by extinction, CIP’s timely action has helped to assemble and safeguard them for present and future generations. CIP also conducts research to help preserve and improve the management of precious natural resources in mountain areas, with a focus on the Andean region.
The sole objective of CIP’s work in the conservation and use of Andean root and tuber crops is to help poor communities and farmers in developing countries take full advantage of the earth's genetic heritage to build better livelihoods and improve their families’ nutrition. CIP scientists work on a daily basis to ensure that rural peoples’ rights to an equitable share of the benefits of plant biodiversity – the product of centuries of the nurturing and development of crops by local farmers – are respected and secured.
International agreements to conserve and protect genetic resources
In recent years, the debate surrounding rights to biological diversity has grown. In the light of this controversy, important action has been taken, although many issues remain unresolved. CIP adheres closely to existing international and national guidelines concerning the use and exchange of genetic material, such as the Convention on Biological Diversity, enforced as of December 1993. CIP and other CGIAR centers have also sought to guarantee that the collections they hold in trust are managed in a way that is fully acceptable to the international community. In 1994, the CGIAR Centers signed an agreement with the Food and Agriculture Organization (FAO) of the United Nations placing their plant genetic collections under the auspices of the FAO. The CGIAR Centers were the first major holders of food crop genetic material to sign this accord, which ushered in a new age in international cooperation for the conservation and use of plant genetic resources. The collections are held as a public good for the benefit of humanity and are widely distributed for research purposes.
CIP and the yacon debate
The recent controversy surrounding the use of yacon plants from CIP’s genebank highlights many aspects of the current debate about the movement of germplasm out of the hands of native farmers and into the hands of developed countries. This is indeed a healthy debate. CIP shares the concern that native farmers, who have conserved and protected biodiversity for generations at their own expense, often do not receive tangible benefits from others' use of these resources. Many of CIP’s activities seek to provide incentives to Andean farmers to conserve these resources, while helping them to add value to lesser-known native crops in order to benefit from untapped market opportunities. Some of these activities can be seen on our web pages.
Throughout the ongoing international debate surrounding the use of genetic materials, CIP will continue to ensure that its actions are transparent to any interested parties. At the same time, CIP will work to prevent the controversy over proprietary issues from resulting in limitations that could hinder efforts to guarantee food security for the world’s neediest people. The Future Harvest Centers work daily to focus the minds and the will of people throughout the world on questions of agricultural biodiversity. Insofar as the present deliberation results in constructive action to appreciate and use biodiversity fully and equitably to end hunger and poverty, CIP welcomes the debate.
