1. PANCAP Governance Instrument: overview & discussion points Juliette Bynoe-Sutherland, Head, Policy Analysis Division PANCAP Coordinating Unit

2. Background RCM mandated a “constitution” for PANCAP; Appointed an Ad Hoc Committee on Governance; Discussion Paper exploring issues September 2010; Recommendations of the RCM and AGM 2009 to maintain the status quo; Office of the General Counsel, CARICOM (OGC) engaged to prepare draft governance instrument; Policy elements deliberated on by Ad Hoc Committee and Governance; Draft Prepared by OGC CARICOM

3. Ad Hoc Committee on Governance Dr. Ernest Messiah, UNAIDS (Chair) Prof. Peter Figueroa, UWI Ms. Suzette Moses Burton, CCNAPC Ms. Yolanda Simon, CRN+ Dr. James St. Catherine, OECS Secretariat – Dr. Amalia Del Riego, PAHO Caribbean Office Mr. Elvis Newton, St. Kitts Nevis, Country Rep

4. Ex Officio Prof. Edward Greene, Assistant Secretary General, CARICOM Mr. Carl Browne, Director, PANCAP Juliette Bynoe-Sutherland, Head, Policy Analysis Division

5. Legal Working Group Hon. Rohan Phillips, Attorney General Grenada Ms. Kellie Bailey, Parliamentary Counsel, Attorney General Chambers, Anguilla Ms. Odecca Gibson, Legal Advisor, Ministry of Foreign Affairs, The Bahamas Ms. Gillian Vidal-Jules, Director of Legislative Drafting, Attorney General Chambers, St. Lucia; Ms. Donna Marie Neaves, Crown Counsel (Drafting), Montserrat Ms. Nalini Persad-Salick, Assistant Chief Parliamentary Counsel, Trinidad & Tobago

6. Drafters Safiya Ali – Assistant General Counsel, CARICOM Rondine Twist – Legal Counsel, CARICOM

7. Drafting Process Phase 1: Research and Policy Guidance from Ad Hoc Committee – Drafting Brief Phase 2: Preparation of draft & review by Legal Working Group for content, structure, legal implications Phase 3: Review of draft by Ad Hoc Committee & AGM

8. Challenges Addressed by Constitution Recalls and acknowledges PANCAP’s prior existence and formalizes principles, objectives, functions and constitutions. Clarifies that CARICOM is the host organization for PANCAP and as such a formal MOU with CARICOM must be finalized to provide for formal cooperation, and provision of administrative and other supports. It allows for flexibility should PANCAP be required to be hosted by any other Partner in the future.

9. Challenges Addressed by Constitution Settles categories of partners Provides for duties and responsibilities of Partners to provide information, financial support, coordinating & harmonizing approaches Equality of status between state and non state actors through inter alia use of Co-chairs and maintaining all partners as full members.

10. Challenges addressed by Constitution Provides for Bi-annual rather than annual meetings – allows for observers to attend to ensure inclusiveness. Renames and/or clarifies the composition, function and procedure of AGM, RCM and PACC. Financial Sustainability – Reserve Fund Ease of bringing new governance instrument

11. Outcome A governance document has therefore been produced which preserves the unique partnership of state, non-state actors, civil society, donors, UN agencies, PLHIV and vulnerable communities within the CARICOM Secretariat as host. It adopts creative and innovative approaches to preserving our partnership model and participatory bottom-up decision-making.

12. Discussion Points Is plenary satisfied that the document balances the interest of all partners? Is the language of document clear and user friendly – flag any language issues (Yolanda points Is the plenary comfortable with the use of Co- Chairs (Countries & Non State actors): Article 16 Consistency in reporting (Art. 21:2) – PACC to RCM, RCM to AGM etc.

13. Discussion Points Composition of 15 member Executive Board – Balancing wide participation with effective committee function. May need rotation schedule or mechanism for various categories to select representative e,g Donors (Article 15) Composition and function of PACC as a Technical Advisory Committee to the Board with individual experts rather than organizational representation (Art 19 & 20)

14. Discussion Points Regional civil society distinguished from national entities by requiring entities who may apply for membership to have offices or activities in two or more countries (art 8: d) Need to include a Dissolution Clause in closing clauses

15. Discussion Points All existing members retained including a few partners who are technically outside of recommended categories. Use of the grandfather clause concept - to include a few partners outside of established categories who were original secretaries. Duties and Responsibilities of partners (Art. 9) Tenure of Director 5 years with further renewal of two years designed to balance security of tenure with allowing for change of leadership (Art 22:2 )

16. Next Steps Incorporate AGM Comments and other comments received by Week 2 November Prepare & negotiate MOU with CARICOM Develop Rules & Procedures manual Circulate final draft to Ad Hoc Committee Forward to RCM for final approval

17. Opportunities for Feedback All members welcomed to write in recommendations or comments on the Governance Instrument by November 15 th 2010: jbynoesutherland@caricom.orgjbynoesutherland@caricom.org Via Website www.pancap.orgwww.pancap.org