SAMPLE CCM TERMS OF REFERENCE
Author:
Bernard Rivers
Article Type:Article Number: 5
ABSTRACT An excerpt from the new Aidspan CCM Guide contains the Terms of Reference for a fairly large national CCM in the fictitious country of Ruritania.
[Following is the full text of Chapter 4 from the “Aidspan Guide to Building and Running an Effective CCM.”]
This section contains a sample Terms of Reference (TOR) that Aidspan has created for a fairly large national CCM in the fictitious country of Ruritania.
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 desires of CCMs. Thus, any CCM interested in making use of this sample TOR as it develops or modifies its own TOR should use those portions that fit its needs; modify or ignore the remaining portions; and add further portions as needed.
Text in <angled brackets> refers to information, usually numeric, that should be decided and inserted by any CCM using this sample. In addition, each reference to “[Ruritania]” should be replaced with the relevant country name.
Introduction
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 for the CCM.
3. These Terms of Reference shall take effect the day they are approved by a two-thirds majority vote of the CCM. Subsequent modifications to the Terms of Reference also require a two-thirds majority vote.
Mandate
4. The mandate of the CCM is to discuss, approve and submit viable and appropriate 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.
General Principles
5. The CCM adheres to the principles of broad and inclusive participation, democratic decision-making, full transparency, cooperative partnership, and efficient operation.
Rights and Responsibilities
6. Individual rights:
Individual members of the CCM have the following rights:
6.1. The right to nominate people for CCM positions such as Chair and Vice-Chair, and to stand for such positions.
6.2. The right to vote on any matter put to a vote.
6.3. The right to participate in all discussions and activities of the CCM.
7. Individual responsibilities:
Individual members of the CCM have the following responsibilities:
7.1. Respect these Terms of Reference
7.2. Attend and participate in CCM meetings in a timely and responsible manner
7.3. Freely share relevant experiences and information
7.4. Respect CCM decisions.
7.5. Consult regularly with organizations and individuals within their sector with an aim to fairly and accurately representing their views and concerns at CCM meetings.
7.6. Openly declare when the CCM is discussing an issue which could have an impact on them or their organization, and offer to leave the room, and/or to refrain from voting, during that discussion and/or decision.
8. CCM Responsibilities:
The CCM has the following responsibilities:
8.1. Develop, modify and implement these Terms of Reference.
8.2. Prepare, coordinate, review, and submit project proposals to the Global Fund that meet the requirements of the Global Fund and that are in line with national AIDS, tuberculosis, and malaria priorities and programs.
8.3. Respond to inquires from the Global Fund concerning these proposals.
8.4. Propose to the Global Fund who should be the Principal Recipient(s) (“PR(s)”) for CCM-initiated projects financed by the Global Fund.
8.5. Choose the Sub-Recipient(s) (“SR(s)”) for these projects, except when the CCM delegates this responsibility to the PR(s).
8.6. Monitor and evaluate the performance of the PR(s).
8.7. Monitor and evaluate the performance of the SR(s), except when the CCM delegates this responsibility to the PR(s).
8.8. Approve major changes in program implementation plans.
8.9. When necessary, submit to the Global Fund requests for continued funding for each approved grant, prior to the end of the two years of initially approved financing.
CCM Structure
9. The CCM is composed of members, who shall elect a Chair and a Vice-Chair.
10. The CCM shall appoint an Executive Committee and other CCM committees (as required).
11. The CCM shall establish a Secretariat, and shall select an Executive Secretary to lead the Secretariat.
12. 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.
13. Composition:
13.1. The CCM shall contain the following numbers of members from the following sectors within [Ruritania]:
13.1.1. Government (<number> members)
13.1.2. Domestic non-governmental organizations (NGOs), community-based organizations (CBOs), and International NGOs (INGOs) operating in-country (<number> members)
13.1.3. Academic/educational institutions (<number> members)
13.1.4. Private sector (<number> members)
13.1.5. People infected with HIV/AIDS, tuberculosis or malaria (<number> members)
13.1.6. Religious/faith-based organizations (<number> members)
13.1.7. Multilateral and bilateral development partners operating in-country (<number> members)
13.2. Every effort shall be made to ensure that at least <percentage figure> of the CCM members are from rural areas and from cities other than the capital.
13.3. Every effort shall be made to ensure that at least <percentage figure> of the CCM members are female, and that the CCM includes several people with in-depth understanding of the gender dimensions of the epidemics.
13.4. There shall be representation on the CCM from youth and from at-risk communities.
13.5. The maximum size of the CCM shall be <number> members.
13.6. At most <percentage> of the CCM members shall come from the government sector.
13.7. At least <percentage> of the CCM members shall come from the domestic civil society sectors (i.e., from sectors other than government, INGOs, and international and bilateral development partners).
13.8. Organization(s) serving as PR(s) that have not been chosen as voting members of the CCM shall be requested to attend CCM meetings in a non-voting capacity.
Selection Procedure
14. Selection:
14.1. CCM members representing each sector shall be chosen by that sector, providing an acceptable process has been established within the sector for this to happen. Such a selection process shall be developed within the sector, shall be described in a publicly-accessible document, and shall be conducted in an open manner.
14.2. Membership is normally granted to an organization, which then selects an individual to represent it at CCM meetings. Where there is no organization that is qualified to represent a sector, membership may be granted to an individual in his or her personal capacity.
14.3. When membership is granted to an organization, that organization will select an individual to represent it at CCM meetings. That organization will also select an alternate to attend those CCM meetings that the regular representative is unable to attend.
14.4. Each organization proposed for membership on the CCM, and each individual proposed in his/her personal capacity rather than as representative of an organization, must be approved by the CCM.
14.5. Membership on the CCM is for a term of <number> year(s). At the expiry of a term, a CCM member may be nominated by its sector to serve another term, subject to a limit of <number> consecutive terms.
14.6. The CCM shall have an orientation process for new members.
CCM Meetings
15. The CCM shall hold at least <number> meetings per year. However, additional meetings may be called by the Chair or the Vice Chair or the Executive Committee, or may be called pursuant to a request submitted to the CCM Secretariat by at least <percentage> of the CCM members.
16. The meetings of the CCM shall be conducted in <language(s)>.
17. Voting:
17.1. Decisions shall be made by consensus whenever possible. But where necessary, decisions shall be made by voting.
17.2. Votes shall be of two possible kinds: “simple majority” and “two-thirds majority.” All votes shall be by simple majority except when these Terms of Reference state that they require a two-thirds majority. “Two-thirds” means two-thirds of voting members present at the time of the vote.
17.3. Voting methods shall be of two possible kinds: “informal” and “formal.” All votes shall be informal unless any member present demands that a vote be made (or repeated) as a formal vote. Informal votes require a show of hands. Formal votes require recording each member’s vote in the minutes of the meeting.
17.4. Absent members may not vote.
18. Quorum:
No decision made at a CCM meeting is valid unless at least half of the CCM members are present at the time of the decision.
19. Notice and Agenda:
All CCM members must receive, by email, fax or letter, at least one week’s prior notice of each meeting of the CCM. The notice must specify the proposed agenda. The agenda may be modified and must be approved at the start of each meeting.
20. Minutes:
20.1. 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 approved by CCM vote.
20.2. Approved minutes of meetings of CCM Committees shall be distributed to CCM members by the CCM Secretariat.
20.3. 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).
CCM Chair
21. The CCM shall have one Chair.
22. Responsibilities:
The responsibilities of the Chair include:
22.1. Chair CCM meetings.
22.2. Propose and seek approval of the agenda of each CCM meeting.
22.3. Inform the CCM of the activities of the Executive Committee.
22.4. When necessary, make decisions between CCM and/or Executive Committee meetings.
22.5. Seek the opinion of the Vice Chair on all important matters.
22.6. When necessary, delegate certain responsibilities and decisions to the Vice-Chair.
23. Eligibility:
The Chair and the Vice-Chair must be from different sectors. The Chair must be from a domestic organization.
24. Selection procedure:
24.1. The CCM Chair shall be elected by a vote of the CCM.
24.2. Any candidate for Chair must be nominated and seconded by CCM members.
24.3. The vote for Chair shall be by secret ballot.
25. Removal:
The CCM can vote to remove a Chair in mid-term. Such a vote requires a two-thirds majority.
26. Term:
26.1. The term of office for the Chair is <number> years.
26.2. No person may serve more than <number> consecutive terms as Chair.
27. Mid-term departure:
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.
CCM Vice-Chair
28. The CCM shall have one Vice-Chair.
29. Responsibilities:
The responsibilities of the Vice-Chair are:
29.1. Perform tasks delegated by the Chair.
29.2. Stand in for the Chair when requested by the Chair to do so, and when the Chair is unable to fulfill his/her functions.
30. Eligibility:
The Chair and the Vice-Chair must be from different sectors. The Vice-Chair must be from a domestic organization.
31. Selection procedure:
31.1. The CCM Vice-Chair shall be elected by a vote of the CCM.
31.2. Any candidate for Vice-Chair must be nominated and seconded by CCM members.
31.3. The vote for Vice-Chair shall be by secret ballot.
32. Removal:
The CCM can vote to remove a Vice-Chair in mid-term. Such a vote requires a two-thirds majority.
33. Term:
33.1. The term of office for the Vice-Chair is <number> years.
33.2. No person may serve more than <number> consecutive terms as Vice-Chair.
34. Mid-term departure:
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.
CCM Executive Committee
35. The CCM shall have an Executive Committee.
36. Responsibilities:
The responsibilities of the Executive Committee are to:
36.1. Conduct those tasks specifically assigned to it at a full meeting of the CCM.
36.2. Make emergency decisions between regularly scheduled meetings of the CCM, when it is not practical or possible to organize a full meeting of the CCM.
37. Composition:
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 <percentage> of the members of the Executive Committee shall be from domestic civil society sectors, as defined above.
38. Eligibility:
Executive Committee members must be CCM members. Any CCM member is eligible to be chosen for membership of the Executive Committee.
39. Selection procedure:
The membership of the Executive Committee shall be approved by the CCM every year.
40. Meetings:
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.
41. Notice:
All Executive Committee members must receive, by email, fax or letter, 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.
CCM Committees
42. The CCM shall set up standing Committees, and/or temporary Committees, as needed.
43. Responsibilities:
Each Committee shall conduct tasks assigned to it by the CCM, and make recommendations to the CCM.
44. Composition:
The composition of each Committee shall be determined by the CCM. Members of a Committee do not need to be members of the CCM, but the Committee Chair must be a CCM member.
45. Procedures:
Each Committee Chair shall be chosen by the Committee in question. Each Committee shall operate by simple majority vote. The quorum for meetings of any Committee shall be fifty percent of its membership. Each Committee shall regularly report on its work to the CCM.
CCM Secretariat
46. The CCM shall establish a CCM Secretariat and shall approve its budget and Terms of Reference. The Secretariat budget shall include the costs for operating the CCM.
47. The responsibilities of the CCM Secretariat, to be implemented under the guidance of the CCM and the CCM Chair, are:
47.1. 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.
47.2. Distribute Global Fund guidelines and other documents.
47.3. Distribute drafts of proposals and other relevant documents.
47.4. Maintain and update distribution lists.
47.5. Maintain the records of the CCM.
47.6. Issue public announcements of calls for proposals.
47.7. Prepare and submit reports to the Global Fund.
47.8. Respond to enquiries from the Global Fund.
47.9. Share information with the Local Fund Agent, the PR(s), and other stakeholders, including members of the public.
47.10. Facilitate the work performed by proposal-writing teams.
47.11. Carry out other functions as specified in the CCM Secretariat Terms of Reference or as determined by the CCM.
48. The CCM Secretariat shall be headed by an Executive Secretary, who shall be appointed by the CCM.
49. The responsibilities of the Executive Secretary are:
49.1. Appoint and supervise other CCM Secretariat staff as needed, as per the agreed budget and Terms of Reference.
49.2. Attend all meetings of the CCM and of the Executive Committee in a non-voting capacity, and serve as Secretary for these meetings
49.3. Perform other responsibilities that are specified in the CCM Secretariat Terms of Reference.
Information Exchange and Transparency
50. In advance of each meeting of the CCM, all members shall receive the notice of meeting, the meeting agenda, and copies of relevant documents.
51. After each meeting, all members shall receive draft minutes of the meeting.
52. Members of CCM Committees shall receive the same types of information for Committee meetings. In addition, the approved minutes of all Committee meetings shall be sent to all CCM members.
53. CCM members shall be provided with:
53.1. All important documents from the Global Fund, including Guidelines for Proposals and calls for proposals.
53.2. All formal correspondence from the Global Fund to the CCM, and vice versa, including the comments of the Technical Review Panel on proposals submitted by the CCM.
53.3. All important documents related to the preparation of proposals to the Global Fund, including calls for proposals within the country, outlines and drafts of the Global Fund proposal, and the final Global Fund proposal.
53.4. All important documents relating to the implementation of programs funded through Global Fund grants, including quarterly or other periodic reports prepared by the PR and sent to the Global Fund.
53.5. Copies of any information materials about the CCM prepared by the CCM Secretariat for external distribution (e.g., media releases, newsletters).
53.6. Up-to-date CCM membership lists, complete with contact information.
54. The CCM shall ensure that the following information is sent to the Global Fund and is disseminated widely to all interested parties within [Ruritania], when possible via a web site, in <language(s)>:
54.1. The identity of CCM and Executive Committee members, and means whereby they can be contacted.
54.2. CCM Terms of Reference.
54.3. Minutes of CCM meetings.
54.4. Any call for proposals received from the Global Fund.
54.5. The full text of any proposal submitted by the CCM to the Global Fund that has been approved by the Global Fund.
54.6. The full text of any grant agreements signed between the PR(s) and the Global Fund.
54.7. The full text of any “Disbursement Request and Progress Update” submitted by the PR(s) to the Global Fund.
Development of Global Fund Proposals
55. 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 seek input from all CCM members and from interested stakeholders not on the CCM.
Selection of the PR(s)
56. The CCM shall establish criteria and a formal process for the selection of the PR(s).
Program Implementation
57. For each CCM-initiated project in [Ruritania] financed by the Global Fund, the CCM shall come to an agreement with the PR concerning their respective roles in the implementation and the monitoring and evaluation of the project.
58. The CCM shall receive and review copies of disbursement requests and progress updates from the PR to the Global Fund.
59. The CCM shall periodically evaluate selected grant activities.
Conflict of Interest
60. The CCM shall make every effort to ensure that neither its Chair nor its Vice-Chair is from an organization that serves as PR for a CCM-initiated project financed by the Global Fund. If this does not prove possible, the CCM shall put in place and make public a written plan to reduce to a minimum this inherent conflict of interest.
