15 th Meeting of the Regional Coordinating Mechanism of PANCAP, Montego Bay , Jamaica

1. 15th Meeting of the Regional Coordinating Mechanism of PANCAP, Montego Bay , Jamaica 9-10th September, 2010 Agenda Item 14: Update on Development of PANCAP Constitution Juliette Bynoe-Sutherland Head, Policy Analysis Division PCU To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS

2. Background RCM mandated development of a “constitution” to resolve governance challenges. Discussion Paper prepared by PCU and reviewed by RCM (Sep. 2009) and AGM (Oct 2009) RCM September 2009 identified an Ad Hoc Committee on Governance to oversight this process. Chair: Ernest Massiah; Members: S. Moses-Burton, P. Figueroa, Y Simon, A. Del Riego, J. St Catherine, E. Newton. Advisors: ASG Greene & Director PCU C. Browne To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS

3. Background • Agreed: PANCAP is an internal CARICOM programme with creative legal mechanisms to preserve partnership with non-CARICOM states and non-state actors. • Financial support: CDC and USAID. • Drafting: Office of the General Counsel, CARICOM. Ms. Safiya Ali, Assistant General Counsel Ms. Rondine Twist, Legal Officer To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS

4. Process PHASE 1 : Preparation of a Drafting Brief Background Research and Policy Discussions with Ad Hoc Committee on Governance to inform drafting brief. (By August 10th 2010). PHASE 2: Drafting & Legal Review Preparation of a Draft by Office of General Counsel (completed) and review of draft by Legal Working Group/Ad Hoc Committee on Governance . (September 20th 2010). PHASE 3: Approval of Draft Revision of Draft & Review by Ad Hoc Committee on Governance. Presentation of draft to AGM 2010 for comment. To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS

5. Recommendations: Ad Hoc Committee on Governance • RCM decision reaffirmed: factors such as the costs militated against establishing PANCAP with a separate legal personality. • In addition to the Constitution an accompanying MOU will be entered into with CARICOM to provide for effective operation of PANCAP within Secretariat. • Funding Mechanism to ensure long-term sustainability should be included in constitution e.gCCC Trust fund To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS

6. RECOMMENDATIONS 4. Membership • All members will be of equal status/RCM will approve applicants/approaches to nonmember countries & organizations in meetings. • Duties and obligations of members e.g workplace policies. 5. General Meetings • Convened every two years for three Days: Closed Meeting of bonafide members (1 day) information sharing (Day 2 & 3) • Non-member countries and organizations to self fund participation. To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS

7. Recommendation 6. RCM • RCMredesignated Executive Board to underscore the function as key policy setting and decision making body. • In the interest of equity: Chairperson of RCM will be selected by RCM from all members including non-CARICOM states and non-state actors. To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS

8. Recommendations Executive Board • 4 CARICOM Member states • 2 non CARICOM Member states • 1 organization/representative PLHIV • 1 organization/representative civil society • 1 organization/representative vulnerable communities • 1 Donor representative • 1 representative extra regional organization • 1 representative UN agency To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS

9. RECOMMENDATION • Priority Areas Coordinating Committee & PCU • With restructuring and scaling up of PCU, PACC’s role in strategic management and coordination of the planning around the CRSF should be devolved to the PCU as part of its coordination function. • PACC is a standing committee of the RCM (Executive Board) and should function as advisory to the RCM making quarterly reports with the PCU functioning to coordinate and implement the mandate set by the RCM(Executive Board). • PACC will comprise independent technical experts and be individually based rather than being comprised of organizations. In principle, implementing organizations cannot oversight themselves. • PACC composition: 6 individuals by priority area/3individuals with complimentary skills/1 PLHIV (GIPA)/1 Ex officio (RCM determines) To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS

10. Recommendations Voting • By bona fide members only • By consensus (current no objections method) • Provisions made for voting in the case of deadlock e.g simple majority, casting vote by chairman in case of tie. To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS

11. ACTION REQUIRED The meeting is invited to: • Note the progress made with respect to development of a draft constitution and the recommendations of the Ad Hoc Committee on Governance • Provide further guidance on the recommendations of the Ad Hoc Committee on Governance To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS

12. Thank you To provide creative and dynamic services to PANCAP to enhance the regional response to HIV and AIDS