Bernard RiversArticle Type:
Article Number: 1
ABSTRACT This issue of GFO contains just one article, consisting of a sample CCM "Terms of Reference" document, which hopefully will be of interest to all CCM members and to members of sectors they represent.
When the Global Fund was launched five years ago, it specified that any country that wished to obtain a Global Fund grant first had to establish a CCM (Country Coordinating Mechanism) that would develop the proposal and then oversee the resulting grant. What was revolutionary about this requirement was that the CCM had to have members not just from the government of the country in question, but also from NGOs and community-based organizations, people living with the diseases, faith-based organizations, the private sector, academic institutions, and in-country multi- and bi-lateral development partners.
The Global Fund’s requirements regarding CCMs have led to endless difficulties and uncertainties for CCM members and for the sectors that those members are supposed to serve. How many members should a CCM have? How often should the CCM meet? How should the Chair be selected? What can be done if the wishes of the civil society members are ignored? What can be done if minutes are not produced, or if they are not accurate? There are a thousand questions.
In most cases, these issues must be resolved by each CCM itself – the Global Fund lays down some broad requirements but no precise “regulations”. In this context, many CCMs have found it helpful to develop and adopt a Terms of Reference (TOR) document that provides a set of ground-rules that must be followed by all members of the CCM, including the Chair.
A CCM TOR document should describe the roles, responsibilities, core principles, structure and operating methods of the CCM. Having such a document will improve the effectiveness of the CCM and make it more transparent, and therefore more accountable. The TOR can be invaluable both to members of the CCM and to outsiders who need to deal with the CCM, and should make disputes internally or with other parties less likely – or at least much easier to resolve.
Aidspan, publisher of GFO, recently released “The Aidspan Guide to Building and Running an Effective CCM (Second Edition)“, accessible at no charge at www.aidspan.org/guides. In writing that Guide, Aidspan benefited considerably from the ideas developed by the CCMs of Kenya, China, Nigeria and Indonesia, with whom Aidspan has worked informally on governance issues.
Annex 1 of Aidspan’s CCM Guide consists of a CCM “Terms of Reference” (TOR) document for the fictitious country of Ruritania. (Some countries use the term “governance manual,” “operating procedures,” or “constitution.”) This issue of GFO reproduces that sample TOR document in full.
Many of the issues that are dealt with rather formally in the sample TOR are also discussed informally and in more detail in the main body of the Aidspan CCM Guide.
It is impossible to create a generic TOR that can be adopted in its entirety by any one CCM, let alone by all CCMs. There is simply too much variation in the circumstances and preferences of CCMs. Thus, any CCM interested in making use of this document when developing or modifying its own TOR should use only those portions that fit its needs, modifying the text as required.
Text in square brackets refers to information that should be decided and inserted by the CCM. Each reference to “[Ruritania]” should be replaced with the relevant country name.
The sample TOR consists of the following sections:
Sample CCM Terms of Reference
1. The Country Coordinating Mechanism in [Ruritania] (“the CCM”) is established in response to requirements and recommendations of the Global Fund to Fight AIDS, Tuberculosis and Malaria (“Global Fund”).
Terms of Reference
2. This document is the Terms of Reference (TOR) for the CCM.
3. These TOR shall take effect the day they are approved by a two-thirds majority vote at a CCM meeting.
4. Subsequent modifications to these TOR also require a two-thirds majority vote at a meeting of the CCM for which at least three week’s notice has been provided. The notice must include a description of the proposed modifications.
5. The mandate of the CCM is to develop and submit proposals to the Global Fund, and to monitor, evaluate and support the implementation of projects that are initiated by the CCM and financed by the Global Fund.
6. The roles and responsibilities of the CCM are as follows:
6.1 Prepare and submit proposals to the Global Fund that are in line with national AIDS, tuberculosis, and malaria priorities and programmes.
6.2 Respond to inquires from the Global Fund concerning these proposals.
6.3 For each proposal, nominate the PR(s) who will be responsible for implementing the project, should the proposal be approved.
6.4 For each proposal, select the SR(s) who will be involved in the implementation of the project, should the proposal be approved.
6.5 Monitor and evaluate the implementation of projects financed by Global Fund grants (including the performance of the PRs and SRs).
6.6 Approve major changes in project implementation plans that have been proposed by the PRs.
6.7 When necessary, submit requests to the Global Fund for re-programming of approved grants.
6.8 Submit to the Global Fund requests for continued funding for each approved grant (as required).
6.9 Review progress reports that have been or are about to be sent to the Global Fund by the PRs.
6.10 Develop, modify and implement these TOR.
6.11 Fulfil other responsibilities as outlined in these TOR.
7. The CCM will operate as a national consensus group and will promote true partnership in the development and implementation of Global Fund-supported projects.
8. The CCM will include representation from all relevant sectors.
9. Representatives from the non-government sectors will be selected by the sectors themselves.
10. The CCM will be fully transparent in its decision-making.
11. All members of the CCM will be treated as equal partners, with full rights to participation, expression and involvement in decision-making.
12. The CCM shall promote linkages and consistency between Global Fund activities in [Ruritania] and the country’s national development strategies; national disease strategies; national systems for monitoring, financial management and procurement; and national efforts to increase the harmonisation, coordination and effectiveness of external assistance.
13. [CCMs may want to add one or more clauses here describing any formal relationships between the CCM and other national entities.]
14. The CCM is composed of members, who shall elect a chair and a vice-chair.
15. The CCM shall appoint an executive committee, and other committees as required.
16. The CCM shall establish a secretariat, and shall select an executive secretary to lead the secretariat.
17. The hierarchy of authority shall be as follows: CCM; executive committee; chair; executive secretary. Within this hierarchy, any party can be over-ruled by parties higher in the hierarchy. The vice-chair shall only have formal powers in this hierarchy when acting on behalf of the chair.
18. Membership on the CCM is granted to an organisation, which then selects an individual to represent it at CCM meetings.
[Another option: With respect to paragraph 18, the TORs could state that in a situation where there is no organisation that is qualified to represent a sector, membership may be granted to an individual in his or her personal capacity.]
19. The CCM shall be made up both of voting members representing the relevant sectors and of non-voting members (as described below).
20. The sectors represented on the CCM shall be the government of [Ruritania] (government sector); multi- and bi-lateral development partners (development partners sector); academic and educational institutions (academic sector); domestic NGOs, community-based organisations and international NGOs (NGO sector); people infected with HIV/AIDS or tuberculosis or affected by malaria (people living with the diseases sector); religious and faith-based organisations (FBO sector); and private companies (private sector).
21. The CCM shall contain the following numbers of members from each sector:
• government sector ([insert number] members)
• development partners sector ([insert number] members)
• academic sector ([insert number] members)
• NGO sector ([insert number] members)
• people living with the diseases sector ([insert number] members)
• FBO sector ([insert number] members)
• private sector ([insert number] members)
19. The executive secretary of the CCM Secretariat shall be a non-voting member of the CCM.
20. Each organisation serving as PR for a Global Fund grant shall be a non-voting member of the CCM (unless the organisation in question is already a voting member representing one of the sectors on the CCM).
21. The CCM may award non-voting membership to one or more organisations serving as SRs for Global Fund grants; to an organisation serving as LFA for Global Fund grants; and to any other organisation that the CCM deems appropriate. Decisions to award non-voting membership to organisations referred to in this clause require a simple majority vote.
22. Every effort shall be made to ensure that at least [insert percentage figure] of the voting CCM members are from rural areas and from cities other than the capital.
23. Every effort shall be made to ensure that at least [insert percentage figure] of the voting CCM members are female.
24. Every effort shall be made to ensure that the voting membership of the CCM includes representation from youth and from vulnerable populations.
25. Every effort shall be made to ensure that the CCM includes several people with in-depth understanding of the gender dimensions of the epidemics.
26. The CCM shall attempt to ensure that that there is expertise on the CCM in accounting and financial management; programme management; human resources management; and proposal development.
27. Members from the following sectors shall be selected by the sectors themselves, based on a process that is inclusive, transparent, developed within the sector, documented and based on clear criteria: academic sector, NGO sector, people living with the diseases sector, FBO sector and private sector.
[Another option: With respect paragraph 27, although the Global Fund does not require that the organisations representing development partners on the CCM be selected by the sector itself through a transparent and documented process, the CCM could nevertheless decide to make this mandatory.]
28. The CCM shall, if required, play a facilitating role to enable one or more of the sectors listed in the preceding paragraph to design and implement a process to select its representatives on the CCM.
29. Each member organisation shall select an individual to represent it at CCM meetings; and shall also select an select an alternate to attend meetings that the regular representative is unable to attend.
[Another option: With respect to paragraph 29, for a large sector, such as the NGO or FBO sector, the CCM could suggest that instead of selecting one organisation for each of the sector’s seats on the CCM, and having that organisation name a representative and an alternate representative, the sector could select a member organisation and an alternate member organisation. Each organisation would select a representative. Both representatives would attend CCM meetings. The representative of the alternate member organisation would speak only in the absence of the representative of the member organisation.]
30. Each organisation proposed for membership on the CCM must be formally approved by the CCM.
31. Membership on the CCM is for a term of [insert number] year(s).
32. At the expiry of a term, a CCM member may be nominated by its sector to serve another term, subject to a limit of [insert number] consecutive terms.
33. The CCM shall have an orientation process for new members. This process shall include an explanation of how the Global Fund works; a discussion on how the CCM operates, including a review of the CCM TOR; a description of the proposal development process used by the CCM; a discussion of the responsibilities of individual members of the CCM; a review of the Global Fund projects already underway in the country; and a discussion on how the CCM performs its oversight role.
34. Non-attendance: If a member fails to attend two successive meetings of the CCM, the Executive Secretary shall write a letter of concern to the organisation in question. If the member fails to attend a third consecutive meeting, the chair shall inform the CCM of the development and shall invite the CCM to decide on a course of action. The CCM may, if it so chooses, declare the seat vacant and invite the sector concerned to select a replacement.
35. Rights of members:Individual members of the CCM have the following rights:
35.1 The right to be treated as an equal partner on the CCM, with full rights of expression.
35.2 The right to participate in all discussions and activities of the CCM.
35.3 The right to nominate people for CCM positions such as chair and vice-chair, and to stand for such positions.
35.4 The right to vote on any matter put to a vote.
35.5 The right to sign, or to decline to sign, proposals submitted by the CCM to the Global Fund.
36. Responsibilities of members: Each member of the CCM has the following responsibilities:
36.1 Respect and adhere to these Terms of Reference and other policies and procedures adopted by the CCM.
36.2 Take his/her membership on the CCM seriously, and attend and participate in CCM meetings in a timely and responsible manner.
36.3 Within the CCM, freely share relevant experiences and information.
36.4 Respect and adhere to CCM decisions.
36.5 Regularly seek the views of, and hold formal meetings with, organisations and individuals within the sector that the member represents.
36.6 Within the CCM, fairly and accurately represent these views, not just those of the member organisation itself.
36.7 Regularly report all important decisions of the CCM to organisations and individuals within the sector that the member represents.
36.8 When the CCM is discussing an issue which could be to the financial or other advantage or disadvantage of the member organization or of its representative, openly declare this potential COI, and offer to leave the room, or to refrain from speaking or voting, while the CCM deals with that issue (see separate CCM COI policy).
37. The CCM shall hold at least [insert number] general meetings per year. However, additional special meetings may be called by the chair or the vice-chair, or may be called pursuant to a request submitted to the CCM Secretariat by at least [insert number] CCM members.
38. The meetings of the CCM shall be conducted in [language(s)].
39.1 Decisions shall be made by consensus whenever possible. But where necessary, decisions shall be made by voting.
39.2 If the chair declares that a decision has been made by consensus, but a member believes there was not consensus, the member can ask for a vote.
39.3 Votes shall be of two possible kinds: “simple majority” and “two-thirds majority.” “Simple majority” means a majority of voting members present at the time of the vote. “Two-thirds majority” means two-thirds of voting members present at the time of the vote.
39.4 For a measure to pass, a simple majority vote is required except when these TOR state that a two-thirds majority vote is required.
39.5 Voting shall normally be by show of hands. When a member requests a formal recorded vote, the results of the vote (i.e., the numbers for, against and abstaining) shall be recorded in the minutes. When a member requests it, each member’s vote shall be recorded in the minutes of the meeting.
39.6 Secret ballots shall be used for voting when called for in these TOR or when requested by a member and approved by a majority vote.
39.7 The chair does not normally vote, but may cast a vote in the event of a tie. The same applies to the vice-chair when the vice-chair is serving as chair in the absence of the chair.
39.8 When neither the representative or alternate of a member organisation is present, that member organisation may not vote and may not have anyone else vote on its behalf.
40.1 The definition of a quorum is the presence of at least half of the voting CCM members.
40.2 No decision made at a CCM meeting is valid unless a quorum is present at the time of the decision.
41. Notice and Agenda:
41.1 All CCM members must receive, by email, fax, letter or phone at least three weeks’ prior notice of each general meeting, and at least one week’s prior notice of each special meeting.
41.2 The notice must specify the proposed agenda.
41.3 The draft agenda of the meeting shall be compiled by the chair in consultation with the executive secretary. CCM members may send requests to the CCM Secretariat for items to be included on the agenda.
41.4 At the start of each meeting, the agenda may be modified and must be approved by the CCM.
41.5 Background papers must be sent to members at least several days prior to the meeting. The background papers sent prior to each general meeting should include reports from the PRs on project progress on each grant since the previous general meeting. The agenda of each general meeting should include opportunities to discuss such reports.
42.1 Draft minutes of CCM meetings shall be prepared and distributed to CCM members by the CCM Secretariat within [time period] of each meeting. At the following meeting, these draft minutes shall be discussed, amended as necessary, and formally approved.
42.2 In the event that the draft minutes are not prepared and distributed within one week of the CCM meeting, a list of major decisions and action items from the meeting shall be prepared and distributed to CCM members by the CCM Secretariat within that time frame.
42.3 Draft minutes may be shared by members with the organisations and individuals in the sectors they represent providing the minutes are clearly labelled “draft.”
42.4 Minutes that have been formally approved shall be distributed to all members within one week of the meeting at which they were approved. Approved minutes are public documents.
42.5 The minutes of CCM meetings shall record any decisions passed by a vote, and shall record any major dissents articulated at the meeting to any such decision (unless those dissenting agree that the dissent need not be recorded in the minutes).
43. The CCM shall have one chair.
44. The responsibilities of the chair include: convene and chair CCM meetings; propose and seek approval of the agenda of each CCM meeting; inform the CCM of the decisions of the executive committee; when necessary, make decisions between CCM and/or executive committee meetings; seek the opinion of the vice-chair on all important matters; when necessary, delegate certain responsibilities and decisions to the vice-chair; serve as spokesperson for the CCM; provide oversight of the CCM Secretariat; and fulfil other responsibilities as outlined in these TOR.
45. The chair must be from a domestic organisation. The chair and the vice-chair must be from different sectors.
46. The CCM chair shall be elected by a vote of the CCM. Any candidate for chair must be nominated and seconded by CCM members. The vote for chair shall be by secret ballot.
47. The CCM can vote to remove a chair in mid-term. Such a vote requires a two-thirds majority.
48. The term of office for the chair is [insert number] years. No person may serve more than [insert number] consecutive terms as chair.
49. If the chair resigns or is removed in mid-term, the vice-chair shall serve as chair until a new chair is elected. That election shall take place at the meeting at which the chair’s departure is announced, or at the next meeting. The new chair shall be appointed to complete the term of the former chair and, at the discretion of the CCM, to serve for a full term beyond that.
50. The CCM shall have one vice-chair.
51. The responsibilities of the vice-chair are as follows: perform tasks delegated by the chair; stand in for the chair when requested by the chair to do so, and when the chair is unable to fulfil his/her functions; and fulfil other responsibilities as outlined in these TOR.
52. The vice-chair must be from a domestic organisation. The vice-chair and chair must be from different sectors
53. The vice-chair shall be elected by a vote of the CCM. Any candidate for vice-chair must be nominated and seconded by CCM members. The vote for vice-chair shall be by secret ballot.
54. The CCM can vote to remove a vice-chair in mid-term. Such a vote requires a two-thirds majority.
55. The term of office for the vice-chair is [insert number] years. No person may serve more than [insert number] consecutive terms as vice-chair.
56. If the vice-chair resigns or is removed in mid-term, an election shall take place at the meeting at which the vice-chair’s departure is announced, or at the next meeting. The new vice-chair shall be appointed to complete the term of the former vice-chair and, at the discretion of the CCM, to serve for a full term beyond that.
57. The CCM shall have an executive committee.
58. The responsibilities of the executive committee are to: conduct those tasks specifically assigned to it at a full meeting of the CCM; and make emergency decisions between regularly scheduled meetings of the CCM, when it is not practical or possible to organise a full meeting of the CCM.
59. The executive committee shall be composed of the CCM chair, the CCM vice-chair, and such other members as are chosen by the CCM. The CCM chair and vice-chair shall serve as chair and vice-chair of the executive committee. The composition of the executive committee shall include representation from most of the sectors represented on the CCM. At least [insert percentage] of the members of the executive committee shall be from sectors other than the government sector and the development partners sector.
60. Executive committee members must be CCM members. Any CCM member is eligible to be chosen for membership on the executive committee.
61. The membership of the executive committee shall be determined by the CCM every year.
62. The executive committee shall meet as frequently as necessary to carry out its work. The executive committee shall operate by simple majority vote. The quorum for meetings of the executive committee shall be fifty percent of its membership. The executive committee shall report on its work to every CCM meeting (through the chair).
63. All executive committee members must receive, by email, fax, letter or phone at least two days’ prior notice of all meetings of the executive committee. The notice must specify the proposed agenda. The agenda may be modified and must be approved at the start of each meeting.
[Another option: With respect to the paragraphs concerning the executive committee:
· Instead of saying that the executive committee will conduct those tasks specifically assigned to it at a full meeting of the CCM, the TOR could list specific responsibilities of the executive committee. A combination of both approaches is also possible.
· A clause could be added to these TOR saying that all decisions of the executive committee must be ratified by the CCM and can be modified by the CCM.
· The CCM may want to state in these TOR that separate TOR will be developed for the executive committee.]
64. The CCM shall set up standing committees or ad-hoc committees, as needed.
65. TOR shall be developed for each standing committee and included in the CCM’s TOR.
[Another option: With respect to paragraph 65, the CCM may want (a) to simply list these committees in the CCM’s TOR and (b) state in the CCM’s TOR that separate TOR will be developed for each committee.]
66. Each committee shall conduct tasks assigned to it by the CCM, and make recommendations to the CCM.
67. The composition of each committee shall be determined by the CCM. Not all members of a committee need to be members of the CCM.
68. For each committee: (a) the chair shall be chosen by committee members from among the CCM members on the committee; (b) the committee shall operate by simple majority vote; (c) the quorum for meetings shall be fifty percent of the committee membership; (d) the committee shall regularly report on its work to the CCM.
69. Minutes shall be prepared for each committee meeting within [insert time frame], and shall be distributed to all committee members and all CCM members.
70. The CCM shall establish a secretariat and shall approve its budget and TOR.
71. The secretariat budget shall include the costs for operating the CCM.
72. Responsibilities: The responsibilities of the CCM Secretariat are as follows:
72.1 Coordinate the meetings of the CCM and its committees, including: prepare draft agendas, issue meeting reminders, make transportation arrangements to bring CCM members to meetings, prepare draft minutes, and distribute the minutes.
72.2 If required, prepare a list of major decisions and action items from each CCM meeting.
72.3 Maintain a log of CCM decisions obtained from the approved minutes.
72.4 Distribute to CCM members Global Fund guidelines and other documents.
72.5 Distribute to CCM members drafts of proposals and other relevant documents.
72.6 Maintain and update distribution lists.
72.7 Maintain the records of the CCM.
72.8 Issue public announcements of in-country calls for submissions.
72.9 Prepare and submit reports to the Global Fund.
72.10 Respond to enquiries from the Global Fund.
72.11 Share information with the LFA, the PRs, and other stakeholders, including members of the public.
72.12 Facilitate the work performed by proposal-writing teams.
72.13 Carry out other functions as specified in these TOR or in the CCM Secretariat TOR, or as determined by the CCM.
[Another option: With respect paragraph 72, the CCM may want assign additional tasks to the CCM Secretariat, such as:
· liaising with the PR, the LFA or other bodies on behalf of the CCM;
· providing logistical support for the oversight and monitoring and evaluation functions of the CCM;
· preparing and distributing informational documents on the Global Fund and on the activities of the CCM; and
· undertaking research; and overseeing, facilitating or supporting the work of the proposal writing team.]
73. The CCM Secretariat shall be headed by an executive secretary, who shall be appointed by the CCM and who shall report to the CCM chair.
74. The responsibilities of the executive secretary are to appoint and supervise CCM Secretariat staff; attend all meetings of the CCM and of the executive committee in a non-voting capacity, and serve as secretary for these meetings; and perform other responsibilities that are specified in the CCM Secretariat TOR.
75. Provision of information to CCM members:
75.1 As prescribed in these TOR all members of the CCM shall receive: (a) advance notice of CCM meetings, meeting agendas, and copies of relevant documents; (b) copies of draft and approved minutes of CCM meetings; and (c) copies of the minutes of all CCM committee meetings.
75.2 CCM members shall be also be provided with: (a) all important documents from the Global Fund, including Guidelines for Proposals and calls for proposals; (b) all formal correspondence from the Global Fund to the CCM, and vice versa, including the comments of the TRP on proposals submitted by the CCM; (c) all important documents related to the preparation of proposals to the Global Fund, including calls for submissions within the country, outlines and drafts of the Global Fund proposal, and the final Global Fund proposal; (d) all important documents relating to the implementation of projects funded through Global Fund grants, including quarterly or other periodic reports prepared by the PRs and sent to the Global Fund; (e) copies of any information materials about the CCM prepared by the CCM Secretariat for external distribution (e.g., media releases, newsletters); and (f) up-to-date CCM membership lists, complete with contact information.
75.3 Members of CCM committees shall receive similar types of information for committee meetings. In addition, the approved minutes of all committee meetings shall be sent to all CCM members.
76. Provision of information to organisations and individuals in the sectors represented on the CCM: The CCM Secretariat shall ensure that the following information is disseminated widely to all interested parties within [Ruritania]: (a) a listing of all CCM member organisations, with names and contact details of their representatives and alternates; (b) the CCM TOR; (c) approved minutes of all CCM meetings; (d) any call for proposals received from the Global Fund; (e) any calls for submissions issued by the CCM within [Ruritania]; (f) the full text of any proposal submitted by the CCM to the Global Fund; (g) information on the status of proposals and Phase 2 Renewal requests submitted by the CCM; (h) the full text of any grant agreements signed between the PRs and the Global Fund; and (i) the full text of any progress reports submitted by the PRs to the Global Fund.
77. Provision of information to the Global Fund: The CCM shall ensure that the following information is sent to the Global Fund: (a) the names of all CCM members; (b) contact information for the CCM chair and vice-chair, and for executive committee members; (c) the CCM TOR; and (d) any other information which the Global Fund requires the CCM to provide.
78. The CCM shall establish a formal process for the development of proposals to the Global Fund. The process shall be transparent and documented, and shall involve interested stakeholders, both those represented on the CCM and those outside the CCM.
79. The CCM shall establish criteria and formal, transparent processes for (a) the nomination of PRs; and (b) the nomination of SRs. The processes shall be documented.
80. The process will be implemented each time the CCM submits a proposal to the Global Fund; and also should it become necessary to replace a PR or SR, or add another PR or SR, once project implementation has begun.
81. For each CCM-initiated project in [Ruritania] financed by the Global Fund, the CCM shall develop a formal, transparent process to oversee the implementation of the project. That process shall be documented.
82. As part of that process, the CCM shall come to an agreement with the PR concerning their respective roles in the implementation, monitoring and evaluation of the project.
83. The CCM shall ensure that a broad range of stakeholders, including those represented on the CCM and those outside the CCM, are involved in the oversight process.
84. The CCM shall receive and review copies of disbursement requests and progress updates from the PR to the Global Fund.
85. The CCM shall periodically evaluate selected project activities.
86. When necessary, and in consultation with the PR, the CCM shall prepare requests to the Global Fund for re-programming of approved grants.
87. The CCM shall prepare and submit a Request for Continued Funding at the end of the first phase of implementation of each Global Fund grant.
88. The CCM shall develop a formal COI policy. The policy shall be documented and made public.
89. The CCM shall make every effort to ensure that neither its chair nor its vice-chair is from an organisation that serves as PR for a CCM-initiated project financed by the Global Fund. If this does not prove possible, the COI policy shall describe how the CCM will mitigate this inherent COI.
90. The COI policy will also cover other situations of potential conflict.
91. The CCM shall carry out periodic self-assessments of its performance.
92. At least once every [insert number] years, the CCM shall commission an independent external review of CCM performance.