GFO Issue 463, Article Number: 8
ABSTRACT
At its 53rd board meeting in Geneva, the Global Fund reported significant progress in securing privileges and immunities (P&Is), which are a form of legal protection that enhances the Global Fund's ability to deliver health programs by shielding its staff, assets and operations from legal and administrative barriers. This article provides a brief summary of the annual P&I report presented at the board meeting.
At its 53rd Board Meeting in Geneva, the Global Fund reported significant progress in securing privileges and immunities (P&Is) for its operations worldwide. These legal protections are essential to ensure the Global Fund can operate effectively in various countries, shielding its staff, assets, and activities from undue legal and administrative interference. P&Is typically include immunity from legal proceedings, tax and customs exemptions, and freedom of movement for Global Fund personnel.
Such protections also help optimize resources for program implementation and remove logistical barriers to the importation of critical health supplies. To date, 28 countries across Africa, North America, and Europe have officially conferred P&Is on the Global Fund. Additionally, eight other countries - including Cabo Verde, Ghana, and Sierra Leone - have signed but not yet ratified P&I agreements. Efforts are ongoing in several other jurisdictions to secure similar legal protections.
A spokesperson for the Global Fund Secretariat stated, “Expanding privileges and immunities is not just a bureaucratic win - it directly contributes to saving lives by facilitating the smooth, fast, and secure implementation of health programs.”
Strategic importance of P&Is
Progress on P&Is has been driven by a range of strategic initiatives, including revisions to grant regulations, bilateral negotiations, and the integration of legal protections into framework agreements.
Notably, in June 2023, the Global Fund revised its grant regulations for the first time since 2014. This revision sparked renewed momentum in negotiating P&I agreements with several countries. The Secretariat has highlighted the strong operational and financial rationale for pursuing P&Is, which can significantly enhance program efficiency and resource utilization.
P&Is safeguard the Global Fund’s assets against legal claims, reduce operational costs through tax and customs exemptions, and streamline visa and travel arrangements for staff and experts. They also provide legal certainty and protection for in-country missions and grant activities. Importantly, these benefits extend beyond the Global Fund: recipient countries face fewer implementation delays and achieve more effective use of donor resources, while donor countries help protect the Fund’s operations within their jurisdictions.
Recent progress and developments
Since the last update to the Board, six countries - Belize, Benin, Burundi, Djibouti, Mauritania, and Suriname - have newly conferred P&Is on the Global Fund. Notably, this includes the Fund’s first formal recognition of P&Is in the Latin America and Caribbean region.
Key strategies that have enabled this progress include:
- Regulatory and legal reforms: The 2023 revision of the grant regulations created new opportunities to align P&I negotiations with updates to country framework agreements, leading to successful outcomes.
- Bilateral agreements: In some cases, bilateral P&I agreements have accelerated adoption compared to the more complex process of ratifying multilateral treaties.
- Privileges and Immunities Advisory Group (PIAG): Reactivated in 2024, PIAG now supports advocacy efforts by engaging with parliamentarians, regional bodies, and government officials to develop tailored strategies for P&I adoption.
- Expert legal opinion: A formal legal opinion from Professor Jan Klabbers of the University of Cambridge reaffirmed the Global Fund’s international legal status, strengthening its case for global recognition of P&Is.
Implementation and challenges
Despite the progress, the Secretariat acknowledged that challenges remain. In some countries, momentum has stalled due to shifting political priorities or changes in government personnel. Securing P&Is is only part of the challenge - implementing them effectively requires ongoing coordination and commitment.
Common obstacles include:
- Loss of momentum: In some instances, support for P&I adoption diminished following the Secretariat’s initial engagement, delaying further action.
- Turnover in government stakeholders: New officials often require re-engagement and fresh negotiations, which can slow down progress.
- Administrative resistance: Some governments have objected to tax exemption clauses. In one example, de facto authorities attempted to impose a 10% tax on grant funds, but advocacy by the Global Fund and local partners successfully reversed the measure.
There have also been success stories. In Malawi, for instance, P&Is facilitated smooth logistics and travel arrangements for the 52nd Board Meeting and strengthened protections for staff and delegates through close cooperation with the Malawian government.
Conclusion
The Global Fund has made tangible progress in securing privileges and immunities, which are foundational for effective global health programming. Continued commitment from the Board, the Secretariat, PIAG, and in-country stakeholders remains crucial to expanding the legal protections that support the Fund’s mission to end HIV, tuberculosis, and malaria as public health threats.
At its 53rd Board Meeting in Geneva, the Global Fund reported significant progress in securing privileges and immunities (P&Is) for its operations worldwide. These legal protections are essential to ensure the Global Fund can operate effectively in various countries, shielding its staff, assets, and activities from undue legal and administrative interference. P&Is typically include immunity from legal proceedings, tax and customs exemptions, and freedom of movement for Global Fund personnel.
Such protections also help optimize resources for program implementation and remove logistical barriers to the importation of critical health supplies. To date, 28 countries across Africa, North America, and Europe have officially conferred P&Is on the Global Fund. Additionally, eight other countries - including Cabo Verde, Ghana, and Sierra Leone - have signed but not yet ratified P&I agreements. Efforts are ongoing in several other jurisdictions to secure similar legal protections.
A spokesperson for the Global Fund Secretariat stated, “Expanding privileges and immunities is not just a bureaucratic win - it directly contributes to saving lives by facilitating the smooth, fast, and secure implementation of health programs.”
Strategic importance of P&Is
Progress on P&Is has been driven by a range of strategic initiatives, including revisions to grant regulations, bilateral negotiations, and the integration of legal protections into framework agreements.
Notably, in June 2023, the Global Fund revised its grant regulations for the first time since 2014. This revision sparked renewed momentum in negotiating P&I agreements with several countries. The Secretariat has highlighted the strong operational and financial rationale for pursuing P&Is, which can significantly enhance program efficiency and resource utilization.
P&Is safeguard the Global Fund’s assets against legal claims, reduce operational costs through tax and customs exemptions, and streamline visa and travel arrangements for staff and experts. They also provide legal certainty and protection for in-country missions and grant activities. Importantly, these benefits extend beyond the Global Fund: recipient countries face fewer implementation delays and achieve more effective use of donor resources, while donor countries help protect the Fund’s operations within their jurisdictions.
Recent progress and developments
Since the last update to the Board, six countries - Belize, Benin, Burundi, Djibouti, Mauritania, and Suriname - have newly conferred P&Is on the Global Fund. Notably, this includes the Fund’s first formal recognition of P&Is in the Latin America and Caribbean region.
Key strategies that have enabled this progress include:
- Regulatory and legal reforms: The 2023 revision of the grant regulations created new opportunities to align P&I negotiations with updates to country framework agreements, leading to successful outcomes.
- Bilateral agreements: In some cases, bilateral P&I agreements have accelerated adoption compared to the more complex process of ratifying multilateral treaties.
- Privileges and Immunities Advisory Group (PIAG): Reactivated in 2024, PIAG now supports advocacy efforts by engaging with parliamentarians, regional bodies, and government officials to develop tailored strategies for P&I adoption.
- Expert legal opinion: A formal legal opinion from Professor Jan Klabbers of the University of Cambridge reaffirmed the Global Fund’s international legal status, strengthening its case for global recognition of P&Is.
Implementation and challenges
Despite the progress, the Secretariat acknowledged that challenges remain. In some countries, momentum has stalled due to shifting political priorities or changes in government personnel. Securing P&Is is only part of the challenge - implementing them effectively requires ongoing coordination and commitment.
Common obstacles include:
- Loss of momentum: In some instances, support for P&I adoption diminished following the Secretariat’s initial engagement, delaying further action.
- Turnover in government stakeholders: New officials often require re-engagement and fresh negotiations, which can slow down progress.
- Administrative resistance: Some governments have objected to tax exemption clauses. In one example, de facto authorities attempted to impose a 10% tax on grant funds, but advocacy by the Global Fund and local partners successfully reversed the measure.
There have also been success stories. In Malawi, for instance, P&Is facilitated smooth logistics and travel arrangements for the 52nd Board Meeting and strengthened protections for staff and delegates through close cooperation with the Malawian government.
Conclusion
The Global Fund has made tangible progress in securing privileges and immunities, which are foundational for effective global health programming. Continued commitment from the Board, the Secretariat, PIAG, and in-country stakeholders remains crucial to expanding the legal protections that support the Fund’s mission to end HIV, tuberculosis, and malaria as public health threats.
