OFFICIAL TRANSLATION
(Approved on the 97th CCM meeting)
THE CHARTER OF THE GLOBAL FUND COUNTRY COORDINATING MECHANISM
OF MONGOLIA ON HIV/AIDS AND TUBERCULOSIS
/Revision/
Date: 31st of August, 2023 Ulaanbaatar city
CHAPTER ONE
GENERAL PRINCIPLE
Article 1. General Principle
- The purpose of this Charter is to support the national response to HIV/AIDS and tuberculosis based on the agreement between the Government of Mongolia and the Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria (hereinafter referred to as the Global Fund) and the requirements set by the Global Fund for project implementing countries. It is to coordinate relations related to the with the functions of principles, rights, duties, management, organization, and activities of the Country Coordinating Mechanism of Mongolia, which is composed of part-time interdisciplinary representatives
Article 2. Legal ground
- The Country Coordinating Mechanism (hereinafter referred to as “CCM”) includes representatives of government and nongovernmental organizations, private sector, civil society, shall administer the Constitution of Mongolia and other laws and regulations in accordance with the requirements and recommendations of the Global Fund.
Article 3. The principles of the CCM
- The CCM shall adhere to the following principles in its activities:
- Rule of law
- Justice;
- Transparency;
- Gender equality;
- Ensuring balances participation of government and nongovernmental organizations, private sector, civil society;
- Equal access of key population to the CCM according to the rules and regulations;
- Expertise and consistency.
- The CCM shall include representatives of all relevant sectors.
- The representatives of nongovernmental organizations shall be selected in an open, transparent, inclusive and well-documented manner.
- The CCM shall follow the principles of transparency, accountability and public participation as a policy document to prevent and combat conflicts of interest.
Article 4. The CCM purpose, core functions
4.1 The CCM is a national-level, interdisciplinary mechanism to coordinate the Global Fund supported programs to fight HIV/AIDS and tuberculosis in Mongolia.
4.2 The purpose of the CCM is to intensify the Global Fund supported programs in Mongolia by collaborating with the program beneficiaries, supporting the effective implementation of the programs, averting program duplications by harmonizing the grant with other national health and development programs.
4.3 The core function of the CCM is to coordinate and submit funding requests to the Global Fund through inclusive participation in order to intensify the national response to fight HIV/AIDS and tuberculosis, and to oversee and support the program implementation in accordance with the national strategy priorities.
CHAPTER TWO
THE CCM COMPOSITION AND STRUCTURE
Article 5. The CCM Composition
5.1 The CCM shall consist of chair, vice-chair, members, alternate members, Executive committee, Oversight committee, Conflict of Interest management committee, if necessary, a temporary committee shall be established.
Article 6. The CCM structure
6.1 The CCM shall be composed of 19 members.
6.2 The CCM shall consist of representatives of the following constituencies and organizations:
6.2.1. One member each shall be selected from the following government agencies:
6.2.1.1. National security council;
6.2.1.2. Cabinet secretariat of Government;
6.2.1.3. National Human rights commission of Mongolia
6.2.1.4. Ulaanbaatar city governance office
6.2.1.5. State central administrative body in charge of health;
6.2.1.6. State central administrative body in charge of economy and development;
6.2.1.7. State central administrative body in charge of labor and social security;
6.2.1.8. State central administrative body in charge of education;
6.2.2. One member each shall be selected from the following nongovernmental organization:
6.2.2.1. Fighting tuberculosis;
6.2.2.2. Fighting HIV/AIDS;
6.2.2.3. Protecting the key affected population’s rights;
6.2.2.4. Youth and children’s right
6.2.3. Partner organization of labor and social consultation-Mongolian Trade Union-1;
6.2.4. Representatives of people living with these diseases or key affected population:
6.2.4.1 People living with HIV/AIDS-1
6.2.4.2. People affected with TB-1
6.2.5 The media organization-1;
6.2.6. One member each from the multilateral organization:
6.2.6.1. World Health Organization
6.2.6.2. International development partners or United Nations agencies
6.2.7. Private sector-1.
Article 7. The CCM Membership Selection
7.1. The following principles shall be applied in the selection of the CCM members
7.1.1. Ensuring gender balance and regulating the representation of women in the gender ration to be at least 40 percent;
7.1.2. Each CCM member shall have an alternate member to represent in the member’s absence;
7.1.3. A member and an alternate member from the government organization shall be appointed no less than a deputy director or head of a department;
7.1.4. A representative of the Sub Recipient shall not be elected as a CCM member;
7.1.5. A representative of the Principal Recipient may be elected as a CCM member but limited to be a position that directly manage grant, and shall have to declare any potential conflict of interest.
7.2. Members are elected/ appointed for a two year term. Members may be re-appointed for subsequent terms with the endorsement of their own relevant constituency.
7.3. CCM members representing non-government constituencies shall be selected/ elected by their own constituents based on a well-documented, transparent process providing with the meeting minute.
7.4. The CCM chair and vice chair is elected directly by all present members. All CCM members are entitled to vote for a candidate by means of a secret ballot shall be valid 51% or more votes.
7.5. The CCM chair and vice-chair has to elected from different constituencies.
7.6. Relevant constituency can withdraw the member due to certain reasons and is obliged to submit a written explanation;
7.7. In case of a change in the position of a member representing a constituency, the CCM Secretariat shall be informed and given the opportunity to elect a new member;
7.8. In the event of the term expiration of the members representing non-governmental organizations, private sector or community representatives, the CCM Secretariat as specified in Article 18.1 of this Charter, shall conduct an open and transparent selection in accordance with the requirements set by the Global Fund.
Article 8. The CCM member`s rights and duties
8.1. The CCM member shall entitle the following rights:
8.1.1. Active and responsible participation in decision-making and free expression of opinions at the CCM meetings.
8.1.2. To share relevant experiences and information related to the constituency, contribute actively in accordance with areas of expertise;
8.1.3. Access to documents and information related to the Global Fund supported grants and to review, sign, or decline to sign all proposals developed for submission to the Global Fund.
8.1.4. The right to nominate and second the nomination of members for election to the positions of Chair and Vice Chair, to make a proposal for convening the CCM extraordinary meeting;
8.1.5. Select an alternative member from the corresponding constituency;
8.1.6. To have access to all information including financial, and programmatic information/reports, audit inputs, and procurement plan in relation to Global Fund grants;
8.1.7. To abide by the CCM Conflict of Interest Policy adopted in 2015;
8.1.8. Other rights stipulated by laws and the charter.
8.2. Roles of CCM Chair in addition to the provisions of Article 8.1. of this Charter:
8.2.1. Chairing the CCM meetings;
8.2.2. Approving the CCM meeting minutes in accordance with the members proposals;
8.2.3. Oversight the implementation of the decisions made by the CCM meeting;
8.2.4. Approving the CCM funding requests and reports, supervise its spending and implementations;
8.2.5. Representing the CCM;
8.2.6. Overseeing the fulfillment of the duties assigned to the CCM member by the CCM Chair and the CCM meeting;
8.2.7. Organize trainings, meetings and discussions with professional organizations on other related issues such as human rights, law, health care services in order to improve the knowledge and skills of the CCM members;
8.2.8. The CCM Chair shall participate and chair the “Capacity building training” once a year;
8.2.9. Directing the daily operations of the CCM Secretariat;
8.2.10. Entering into employment contracts, appointing and dismissing employees of the CCM Secretariat;
8.2.11. Other rights stipulated by laws and the charter.
8.3. In the event that additional rights and duties are assigned to the CCM Chair other than those specified in Clause 8.2 in this Charter, this Charter shall be amended and reflected.
8.4. The CCM Vice chair has the following rights, in addition to specified in Clause 8.1 of this Charter:
8.4.1. Substitute for the CCM Chair in his absence;
8.4.2. Carry out responsibilities given by the CCM Chair and the decisions made out of the CCM Meetings.
8.5. The CCM member has the following duties:
8.5.1. The CCM member shall not approach the decision-making process from the standpoint of personal or organizational interests.
8.5.2. The CCM member shall regularly deliver information about the implementation and progress of the project and the decisions made by the CCM to his/her chosen organization and sector.
8.5.3. To vote expressing the position of the sector represented in the CCM meetings announced to the members to participate online or in person.
8.5.4. Members are obliged to participate in the CCM meetings announced by the CCM Secretariat to attend online or in person, and in the event that they are unable to attend for valid reasons, they will be notified in advance and measures will be taken to make their alternate member to attend.
8.5.5. Members are obliged to participate in “Capacity building training” once a year, and if they are unable to participate for valid reasons, they will be notified in advance and measures will be taken to make their alternate member to attend.
8.5.6. Except for the above specified in Clause 8.5.4, review the meeting agenda and make a decision, if necessary, submit the proposal in writing form.
Article 9. Term of the CCM Chair, vice chair and members
9.1. The terms of the CCM member shall be terminated in following circumstances:
9.1.1. No longer holds a job or position in relevant constituency or organization represented;
9.1.2. Two absences from the CCM meeting without valid reasons;
9.1.3. Submitted a request to withdraw from membership;
9.1.4. A conflict of interest has been identified.
9.2. The term of the CCM Chair and Vice Chair shall be terminated in following circumstances:
9.2.1. The term of election of the CCM Chair and Vice Chair has expired;
9.2.2. 51% or more CCM members approved the written request to resign from the CCM Chair or Vice Chair;
9.2.3. 51% or more CCM members submitted a proposal to terminate their mandate;
9.3. The CCM Chair and Vice Chair are obliged to respond to the proposal specified in Clause 9.2.3. of this Charter within 5 working days.
CHAPTER THREE
COUNTRY COORDINATING MECHANISM ACTIVITIES
Article 10. Core activities of the Country Coordinating Mechanism
10.1. The core activities of the CCM are to oversee the proposal development process to be submitted to the Global Fund, the program implementation of the approved grants, and to support the partnership and harmonization of other partners.
10.2. The CCM decisions shall be open and transparent.
Article 11. Rights of the Country Coordinating Mechanism
11.1. The CCM shall exercise the following rights:
11.1.1. Lead the development of the funding request that is needed to implement the national program and submit to the Global Fund.
11.1.2. Harmonize and reprogram the grant activities;
11.1.3. Nominate one or more organizations as the principal recipient to implement the Global Fund grants and carry out the selection process according to the law;
11.1.4. Oversee the implementation of principal recipient activities;
11.1.5. Review and endorse the re-programming request that is provided by the principal recipient 14 days in advance;
11.1.6. Approve the CCM work plan and oversight its implementation;
11.1.7. Oversee the program implementation, conduct discussions around work plan, procurement, and other amendments;
11.1.8. Review the activities of the principal recipient and sub-recipient reports by providing recommendations, make relevant decisions, discuss report inputs during the CCM meetings;
11.1.9. Regularly receive and review reports and related information from the principal recipient.
11.1.10. Implement the requirements of the Global Fund in accordance with national laws and regulations, redress the program implementation bottlenecks and oversee the action plans.
11.1.11. Conduct site visits to the principal recipient and sub-recipients of the Global Fund supported grants and if deemed necessary, conduct an inspection with a team of no more than 10 members.
11.1.12. Provide a response to the proposal made by the Global Fund within the framework of the HIV/AIDS and TB grants.
11.1.13. Select one or more principal recipient and staff of the program implementation unit, upon the new grant, responsible for the implementation of the program in an open and transparent manner in accordance with relevant rules and procedures.
11.1.14. Participate in the selection of one or more sub-recipient organization to implement the grant.
11.1.15. Overseeing the implementation of the Global Fund supported programs and ensure whether the activities of the principal recipient and sub-recipient organizations have been monitored and evaluated.
11.1.16. Discuss and approve major changes to the program implementation pan and funding re-programming of one or more principal recipient if necessary.
11.1.17. Review progress reports of principal recipients to be submitted to the Global Fund.
11.1.18. Revise, amend the CCM Charter for the purpose of improving the CCM functions.
11.2. The principal recipient shall ensure CCM participation in the selection process for the sub-recipient.
Article 12. Principles of the Country Coordinating Mechanism
12.1. The main organizational form of the CCM is the CCM assembly.
12.2. The CCM shall hold regular meetings at least once a quarter and at least four times a year.
12.3. If necessary, extraordinary meetings may be convened.
12.4. The date and the list of issues to be discussed at the CCM meeting along with other relevant documents shall be provided to the members prior to 5 working days.
12.5. The quorum of the meeting shall be valid 51% or more of the CCM members are present at the CCM meeting.
12.6. If the CCM member is unable to attend the meeting in person, he/she can review the meeting documents in advance and submit his/her opinion in written form which then shall be reflected to the meeting minute.
12.7. The CCM meetings may be held online and the meeting procedures shall be governed by specified in Clause 12.14 of this Charter.
12.8. The following non-CCM attendants may participate at the CCM meeting but limited with the voting right:
12.8.1. Representative of the Principal recipient
12.8.2. Representative of the Sub-recipient
12.8.3. Representative of the Local fund agent;
12.8.4. Representative of the Program coordinating unit
12.9. A member of the CCM may invite up to 2 interested parties to participate in the discussion of the issue, and in this case, the names of the interested parties participating in the meeting shall be notified in advance to the CCM Secretariat specified in Clause 18.1 of this regulation.
12.10. The CCM Chair and Vice chair may invite persons from other constituencies to attend the meeting based on the members consent.
12.11. The CCM meeting ought to be held in Mongolian, the official language of Mongolia.
12.12. The CCM Secretariat shall present the implementation of the previous CCM meeting.
12.13. Unless otherwise specified in the CCM meeting procedure, issues to be discussed shall be approved by 51% or more vote of the CCM members.
12.14. The CCM members shall discuss and approve the meeting procedure.
12.15. The proceedings of the CCM meeting shall be recorded in the meeting minute and the following points shall be recorded:
12.15.1. Meeting place, date, number;
12.15.2. Name of the chair person;
12.15.3. Meeting quorum;
12.15.4. Meeting agenda;
12.15.5. Voting results/number of approved and rejected votes for each discussed item
12.15.6. The name and signature of the meeting minute`s writer and the chair.
12.16. The CCM member may reflect his/her opinion on the minutes in written or electronic form within 7 working days after the minute is distributed.
CHAPTER FOUR
COMMITTEES OF THE COUNTRY COORDINATING MECHANISM
Article 13. Committees of the CCM
13.1. The CCM shall consist of Executive, Oversight and Conflict of Interest Committee.
13.2. Each committee specified in Article 13.1. of this Charter has a composition of 5 members.
Article 14. Executive Committee
14.1. The CCM shall establish Executive Committee with the mandate of smooth and sustainable operations of the CCM.
14.2. The Executive Committee shall consist of the Chair, vice chair, Oversight committee chair, Conflict of interest management committee chair and a representative of the CCM key affected population.
14.3. The Executive Committee shall be chaired by the CCM Chair.
14.4. The scope of the Executive Committee duties shall be determined by the CCM meeting.
14.5. The Executive Committee shall present its decisions to the CCM members via email and at the CCM meetings.
14.6. In case of issues that need to be resolved at CCM meetings, the right of the Executive Committee to make decision is limited until the next CCM meeting.
14.7. In the event of an Executive Committee members absence at the meetings, he/she may submit his/her proposal via email.
14.8. In the event of 2 or more invalid absence to the meeting, an Executive Committee member shall be removed.
Article 15. Oversight Committee
15.1. The CCM shall establish the Oversight Committee with the function of overseeing the Global Fund supported program implementation in the fields of finance, human resource, management, performance.
15.2. The Oversight Committee members shall be elected for two years term at the CCM meeting with 51% or more votes.
15.3. The composition of the Oversight Committee may include representatives of the Principle recipient units in charge of monitoring, supply and finance.
15.4. The Oversight Committee shall have an oversight plan that includes detailed activity, timeline, and oversight cost within the budget, and shall present its implementation to all CCM members via email and at the CCM meetings.
15.5. In the course of conducting the oversight activity, the Oversight Committee shall receive recommendations made by non-Oversight Committee members, representatives from the key affected population and people living with these diseases.
15.6. The Oversight Committee shall work in accordance with the oversight guidelines provided by the Global Fund.
Article 16. Conflict of Interest Committee
16.1. The CCM shall establish a Conflict of Interest Committee in order to ensure open, transparent principles in the CCM operations.
16.2. The members of the Conflict of Interest Committee shall be elected for two years term from three different constituencies at the CCM meeting with 51% or more of the votes.
16.3. Conflict of Interest Committee is responsible for ensuring the implementation of the CCM Conflict of Interest Policy.
16.4. Conflict of Interest management Committee will present its decisions to the CCM members via email and at the CCM meetings.
Article 17. Technical working group of the Country Coordinating Mechanism
17.1. Technical working group may be temporarily established for the purpose of carrying out certain activities at the CCM and Executive Committee meeting, and if necessary, it may be operated by concluding a contract for the performance of work in accordance with the provisions of the Civil law.
17.2. Technical working group is responsible for developing proposals and providing advice, and does not have the right to make decisions.
17.3. Technical working group shall consist of up to 3 members and shall elect its chair among the CCM members by 51% or more of the votes.
17.4. Technical working group shall support the CCM in carrying out the following functions:
17.4.1. Develop funding request proposal to be submitted to the Global Fund
17.4.2. Develop proposals for amendments to relevant rules and regulations;
17.4.3. Perform other functions assigned by the CCM and the CCM Chair and Vice chair.
CHAPTER FIVE.
SECRETARIAT OF THE COUNTRY COORDINATING MECHANISM
Article 18. CCM Secretariat
18.1. The CCM shall have the Secretariat office that coordinates and supports day-to-day operations.
18.2. The CCM Secretariat shall work in accordance with the principles of the CCM’s activities specified in Clause 3.1.1-3.1.3 and 3.1.7 of this Charter.
18.3. The CCM Secretariat has a coordinator and an assistant.
18.4. The Secretariat will work under the direct supervision of the CCM Chair and Vice chair and will provide the following support to the activities of the Executive Committee, Oversight Committee and the Conflict of interest Committee:
18.4.1. Carrying out the coordination task with the CCM members, multilateral partners and the Global Fund, Local fund agent.
18.4.2. Providing information to the CCM Chair, vice chair and members on issues related to CCM membership, CCM committees and working group members.
18.4.3. Carrying out other functions assigned by the CCM Chair, vice chair, Committees and technical working group.
18.4.4. Providing organizational support for the CCM meetings, prepare relevant reports, information and presentations.
18.4.6. Providing relevant documents and information to the CCM members, Global Fund partners, Principal recipient and other partner organizations, working closely with the Program coordinating unit and Sub recipient organizations.
18.4.7. Support the work of the proposal development team, organize the development of grant proposals approved by the CCM.
18.4.8. Regularly operate the website of the CCM and share CCM related information related to the public in an open and accessible manner.
18.4.9. Develop and endorse the CCM activity and budget and present the operational and financial reports to the CCM meeting.
18.4.10. Organize orientation work for newly elected members of the CCM.
18.4.11. During the implementation of the Global Fund supported program, ensure the implementation of the “CCM Conflicts of Interest policy”, discuss and confirm the implementation report at the CCM meeting and share with the Global Fund country team upon request.
18.4.12. Approve and follow the job description for coordinating the daily tasks of the secretariat at the Executive Committee meeting;
18.4.13. Documents of the CCM activities are archived and transferred to the central archive of the health sector within the 1st quarter of the year in accordance with relevant procedures;
18.4.14. The public announcement of the selection process for project implementation, the information related to the selection process and the financial activities of the secretariat shall be transparent and open to the public in accordance with the Glass Accounts Law of Mongolia.
18.5. The CCM Secretariat activities will be funded by the Country Coordinating Mechanism HUB of the Global Fund.
CHAPTER SIX. MISCELLANEOUS
Article 19. Amendments to the Country Coordinating Mechanism Charter
19.1. Amendments to this Charter will be decided at the CCM meeting, and the decision will become effective if more than 51% of all CCM members vote.
Article 20. Others
20.1. Other matters that are not regulated by this Charter shall be resolved through consultation in accordance with the Global Fund guidelines and in accordance with the laws of Mongolia.