26 February 2008
Julia Watson from the UK Department for International Development (DfID) and a member of the HSS task team delivered a report and request to increase the budget window for GAVI’s Health Systems Strengthening (HSS) support. The presentation followed a previous request to the boards in November 2007, at which time the boards requested comprehensive HSS disbursement profile and further information on risk assessment. Discussion followed:
DECISIONS
The GAVI Alliance Board:
Approved an increase in the GAVI Health Systems Strengthening window by US$ 300 million, allowing all countries to apply for one round, and three countries (Pakistan, Rwanda and Sierra Leone) with planning cycles ending in December 2009, to reapply for one additional round of funding. This decision is taken with the understanding that the above considerations will be addressed.
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Sigrun Møgedal from the Norwegian Ministry of Foreign Affairs and the convener of the joint GAVI Alliance and Fund Transition Committee presented the Committee’s recommendation for the statutes of the new GAVI entity. Discussion followed:
The boards considered each article in the proposed statutes and in particular articles 9 (“Composition of the Board”), 10 (“Appointment of Board members”), and 15 (“Board Decision-making”). The Secretariat was requested to revise the statutes according to the discussions (attached as Annex 1).
Equity and transparency in terms of the appointment of all board members – including representative and unaffiliated members – is important. The Governance Committee of the new entity should act as the mechanism for ensuring the proper application of the processes for the appointment of Board members. Also, as GAVI evolves, it is important to find board member candidates with the right skill sets and the time necessary to devote to board work. Therefore it was suggested that the concept of permanent seats should not be considered in GAVI’s statutes or by-laws.
The purpose statement (Article 2) should use the term “poorest countries” as opposed to “developing countries”. Whichever term is used, any changes to the portfolio of GAVI-eligible countries would require a specific decision of the Board.
The Board considered a variety of voting options for board decision-making including one proposed by donors for double qualified voting, applicable only to a limited number of sensitive issues (in the unlikely and exceptional event of not reaching a consensus). The Transition Committee felt that this would be difficult to implement. Some board members noted that it would be unthinkable to use the voting mechanism to move in a direction which is not agreeable to the donors, the source of GAVI’s funding. In the end, in order to preserve the nature of alliance and to protect against creating different classes of board members, the boards decided that the new board will aim for consensus on all decisions. If consensus cannot be reached, a two-thirds majority of all board members should decide, with each voting board member present having one vote. Furthermore, any changes to the statutes would require a two-thirds majority of all voting Board members.
DECISIONS
Agreed that the GAVI Alliance entity in Switzerland would be a Swiss foundation.
Agreed that the existing GAVI Foundation would be adapted and used as the GAVI Alliance entity.
Agreed that the Statutes, as finally agreed at this meeting and attached in Annex 1, are approved.
Requested the GAVI Foundation to adopt the Statutes and authorised the Secretariat to file the Statutes with the Swiss Supervisory Board and relevant tax authorities to seek approval and confirmation of the charitable tax status for the GAVI Foundation in Switzerland and the United States.
Requested the GAVI Foundation to change its name to the “GAVI Alliance”.
Requested the GAVI Foundation to file an application for international institution status for the GAVI Alliance.
Dr Møgedal presented the Transition Committee’s recommendation for the composition and operation of the new GAVI Alliance Executive Committee. Discussion followed:
The Transition Committee recommended an EC comprised of nine voting seats and one non-voting seat, as follows: six seats for representative board members, three seats for unaffiliated board members and one non-voting seat for the CEO. In the discussion there was agreement that the EC should be small enough to be effective, but there were different views on the optimal number of members. Many board members agreed with the Transition Committee recommendation of nine voting seats plus one non-voting seat for the CEO.
The Transition Committee had concluded that any increase in composition beyond 9 voting members would create challenges in allocating seats, as multiple constituencies could make claims for representation. For example, government donors, developing countries and civil society could all make a case for additional seats.
Industrialised country industry also made a case for a separate seat on the EC, noting its very different dynamics, skills, capabilities and divergent views to that of the vaccine industry from developing countries. In the event that this is not possible, industry propsed a shared seat with developing country industry if the non-voting member would be copied on all correspondence, could attend relevant meetings and also speak during EC discussions.
WHO noted that it would prefer generic descriptions for all representative seats.
The Governance Implementation Committee (see section 7, Next Steps) was asked to take into consideration all requests for increased representation, as well as arguments about the optimal size of the EC, in its deliberations about finalising the initial composition of the EC.
The Transition Committee recommended that the EC chair of the new GAVI entity aim for consensus on all decisions. If there is no consensus, a two-thirds vote would be required for a decision, with each EC member having one vote. Decisions made without consensus would be communicated to the board chair who would determine whether implementation of the decision should be postponed and presented to the full board. This will be noted in the by-laws. Conversely, the EC should be efficient and should not delegate everything upward.
As the Transition Committee recommended, systems are needed to ensure transparency in EC operations and proper oversight of the EC by the board. The board will decide what it will delegate to the EC. In addition, power should be distributed across the entire committee structure to ensure confidence with the structure and contributions from all board members.
The boards discussed the Transition Committee’s recommendation on the role of alternates:
The Transition Committee recommended that members of the EC must be board members and not alternates with an exception for the multilaterals and the Gates Foundation, who would have the option for a top official to represent the organisation on the board, and for a high-level individual (with the required skills and time commitment) to be elected as a named ‘deputy’ to serve on the EC.
Some board members proposed that other constituencies should be able to name alternates to represent them on the EC. For example, some donor governments suggested that alternates should be allowed on the EC considering their role in providing the resources needed for GAVI to operate. Developing country board members noted that it would be difficult for ministers of health to have the requisite time to serve on active committees such as the EC.
Other board members supported the Transition Committee recommendation that only board members should be named to the EC, noting the importance of continuity in decision-making. It was also observed that the fiduciary duties and possible liabilities of alternates needed to be taken into account.
The boards discussed the Transition Committee’s recommendation regarding board committees:
The board did not discuss in depth the Transition Committee recommendations and requested the Governance Implementation Committee to finalise the committee structure, following the direction set out in the paper and based on follow-up consultations with board members.
In order to ensure efficiency of operations, each committee needs to have a clearly defined and distinct role so that there are no overlapping functions.
While some committees would report to the board and others to the EC, it was noted that the board would have general oversight of all committee work.
Committee members will need to be able to invest the time necessary to fulfil their responsibilities as committee members.
Some board members requested more clarity on the reporting lines and composition of the Programme and Policy Committee.
The boards did not discuss in depth the Transition Committee’s recommendation on programme and policy development.
The Governance Implementation Committee should finalise the process for programme and policy development, following the directions set out in the paper and based on follow-up consultations with board members.
The boards recognised that a huge effort has been made and is resulting in an emerging structure with fewer ambiguities. The boards agreed on the following:
Documents
New GAVI Alliance Statutes (Word 112K)
Next steps (PDF 20K)
Feedback on February 4 questionnaire (PDF 52K)
Summary of Cape Town Decisions (PDF 29K)
Transition committee rec on Swiss entity (PDF 30K)
GAVI Foundation background (PDF 8K)
Board composition (PDF 27K)
Timeline (PDF 49K)
Mandate (PDF 50K)
Role of alternates (PDF 17K)
Voting procedures (PDF 21K)
Committees (PDF 38.4K)
Policy Development (PDF 62K)
WG Functions (PDF 65K)
CEPA recs on the WG and PCC (PDF 28.4K)
Current advisory groups (PDF 144K)