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REPRESENTATIVES OF THE CIVIL SOCIETY SECTOR EXPRESS THEIR CONCERN AND WORRY
hetq
22:31, September 28, 2011
We, the representatives of the civil society sector of the Republic
of Armenia, express our concern and worry with regards to improper
organization of the elections for CCM membership.
On September 14 and 20, 2011 were held two meetings for the CCM
membership elections. During these two meetings several local
non-governmental organizations and observers from international
organizations expressed their concern and grievance regarding
following issues:
~U Before the elections the participants were not provided with enough
information about CCM, its role and work,
~U CCM bylaws was not accessible and due to that it was not clear
whether or not previous CCM members can be reelected,
~U The compliance of the organizations, which have sent an
application form based on the announcement, was not checked by the
initiative group, CCM secretariat, with the criterias provided in
the announcement,
~U The election procedure was not developed beforehand,
~U Conflict of interest among candidate organizations for CCM
membership was not excluded.
During the two meetings proposals aimed to solve the raised
concerns, which emanated from healthy rationality, logic and
Global Fund standards, were refused by the considerable party of
the representatives of the organizations participating at the CCM
membership elections, excluding the logical outcome of the existing
problems.
The fact that considerable part of the participants were opposing to
discuss conflict of interest policy, lets to conclude that indeed
there was a conflict of interest among some of the organizations
represented for the elections.
Sergey Khachatryan, Deputy Minister of Health, opened the second
meeting held on September 20, 2011, who presented differences of
current CCM bylaws from previous one, particularly the existence of
conflict of interest policy. Despite the fact that we presented the
importance of developing election procedure and conflict of interest
policy, this circumstance was not discussed and was proposed to pass
to elections. The issue of having a conflict of interest policy
was not even put on voting. Not agreeing to implement elections
without rectifying above mentioned drawbacks 7 local non-governmental
organizations refused to take part in the elections.
We announce that implemented elections were not transparent, were not
corresponding to the principles of democratic elections and Global
Fund Standards.
Based on the abovementioned, as well as stressing the importance
of contemporaneousness of CCM committee, which must be formed as
a result of democratic elections, we below signed non-governmental
organizations, claim to consider the elections invalid and implement
new elections ensuring above mentioned conditions.
Please find attached analysis of the application forms presented by
the organizations to CCM secretariat.
"Helsinki Citizens' Assembly Vanadzor office" NGO
"New Generation" NGO
"For Family and Health Pan-Armenian Association" NGO
"Public Information and Need of Knowledge" (PINK) NGO
"Armenian Association of Women with University Education" NGO
"Women Resource Center" NGO
"Antidrug Civil Union" NGO
"Positive People Armenian Network" Soc. NGO
"Real World, Real People" NGO
"Youth Cultural Organization" NGO
"Hope and Help" NGO
Analysis
of the RA national legislation, invitation for the participation to
the work of Country Coordination Commission on HIV/AIDS, Tuberculosis
and malaria issues (CCM) in the Republic of Armenia and application
forms presented by the organizations
According to the article 3 of the Law of the Republic of Armenia on
Foundation adopted on 26 December, 2002 "foundation is a non-commercial
organization, which is established based on voluntary contributions
of property on behalf of citizens and (or) legal persons, and which
does not have members and pursues social, charitable, cultural,
educational, scientific, public health,
environmental or other public benefit goals. While according to
the article 3 of the Law of the Republic of Armenia on Public
Organizations "a public organization (hereafter referred to as
organization) is a type of (not for profit) public association which
does not pursue the purpose of gaining profit and redistributing
this profit among its members, and into which (the organization),
based on their common interests, in the manner prescribed by the law,
physical persons, including RA citizens, foreign citizens and those
without a citizenship, have joint for satisfying their non religious
spiritual and non material other needs; for protecting their and other
persons' rights and interests; for providing material and non-material
assistance to certain groups and for carrying out other activities
for public benefit.
As it can be seen that the law puts clear distinction between two
organizational-legal types of the organizations, where the only
commonality is that two types represent non-profit organization,
as well as civil society institutes. Nevertheless, judging from the
logic of the legislative, it becomes clear that these two types of
the organizations are clearly differentiated, as each of them is
regulated by a separate law. Therefore, foundation by no means can
be considered as a non-governmental organization and participate at a
competition for local non-governmental organizations (quote from the
announcement text spread by the RA Ministry of Health). Foundation by
its organizational-legal type cannot participate at CCM membership
competition also because in the bylaws of Country Coordination
Commission on HIV/AIDS, TB and malaria issues (CCM) in the Republic
of Armenia it is also mentioned local non-governmental organization
(part 6).
Moreover, RA Ministry of Health in its announcement text clearly
mentioned not only organizational-legal type of the organizations,
but also the sphere of functioning, which is unequivocally defined:
"Ministry of Health of the Republic of Armenia invites non-governmental
organizations working in the sphere of tuberculosis, HIV/AIDS and
malaria in Armenia to participate at the work of the reorganized
Country Coordination Commission on HIV/AIDS, Tuberculosis and malaria
issues of the Republic of Armenia".
Whereas, from the candidate organizations' applications and letters of
interest that was provided by CCM temporary secretariat, it is obvious
that several organizations that are registered for CCM membership do
not correspond to the minimum conditions of the competition announced
by the Ministry of Health of RA. Particularly, do not have minimum 2
years work experience in the sphere of healthcare, education, patients'
rights protection and social spheres, and at least one year experience
in implementing a grant project.
Therefore, the Ministry presented minimum 4 requirements for candidate
organizations:
Requirement 1: Functioning in the sphere of HIV/AIDS, tuberculosis
and malaria
Requirement 2: Local non-governmental organization
Requirement 3: Minimum 2 years of work experience in the sphere of
healthcare, education, patients' rights protection and social issues
Requirement 4: Minimum one year experience in the sphere of
implementation of grant projects Even if the organizations have
that experience, it is not clearly stated in the motivation letters
presented by the organizations.
Below it is analyzed the non-compliance of the motivation letters
presented by the organizations with the requirements stated by the
Ministry.
1. AEGEE Yerevan/European Student Forum - in the application there
is no mention of any project implemented by the organization, only
organized events are mentioned (infringement of 3 and 4 requirements).
Moreover, this organization represents international non-governmental
organization (http://www.cragrer.am/node/566), which contradicts the
announcement disseminated by the Ministry of Health considered for
local non-governmental organizations.
2. Union of Gavar Progressive Naturalists - in the application it is
stated that in 2011 implements "Trainings for Preschool Institution
Principles, Educators and Musical Educators", financial support comes
from Youth Foundation of Armenia. The conflict of interest is obvious
as Youth Foundation of Armenia also took part in the competition for
CCM membership as a candidate. At the same time the experience with
regards to the actions corresponding to requirement 1 is not presented
in the application.
3. Armenian National Scout Movement (ANSM) - in the application form
the organization did not present any of the implemented projects and
filled in number of events where either the organization or a member
of it participated at (infringement of 1, 3 and 4 requirements).
4. "Sonders Center" healthcare non-governmental organization -
in the application clearly states that it was established in May,
2010, functions 1.5 year. Moreover, in the application there is no
mention of grant project, which is implemented by this organization
(infringement of 1, 3 and 4 requirements).
5. "Union of Young Translators" NGO - in its application form it
has mentioned that implemented "Translation: Future of the World"
educational project by financial support of Youth Foundation of
Armenia. This represents a conflict of interest as the Youth Foundation
of Armenia also participated at the CCM membership elections as a
candidate. At the same time the organization by the sphere of its
functioning does not correspond to the requirements (infringement of
1 and 3 requirements).
6. Youth Foundation of Armenia - exists 1. conflict of interest, as the
donor and the grantees are represented as candidates, 2. According
to RA law foundation cannot be considered as a non-governmental
organization, thus is not eligible to take part at the competition.
7. "ASQ" cultural Center - "Taparum" fiction rock opera implemented
in 2011, by the financial support of Armenian Youth Foundation. Again
there is a conflict of interest in the relations of donor and grantee.
Moreover, the organization solely functions in the sphere of culture
(infringement of 1 and 3 requirements).
8. "Astghavard" non-governmental organization for disabled children
parents - in its application the organization mentions that along
with other projects it has implemented 2 projects "We Learn Computer"
educational project in 2010 and "Sewing by Ourselves" in 2011 by the
financial support of Youth Foundation of Armenia. Again there is a
conflict of interest in the relations between donor and grantee.
Besides that the organization does not correspond to the requirement 1.
9. "Dzqer" youth educational non-governmental organization - in
its application it is mentioned that: ""Dzerq" youth educational
non-governmental organization was founded on April 21, 2009. During
its functioning "Regional Cooperation" youth non-governmental
organization has implemented several projects in the sphere of
education; implemented projects: organization of out of class English
lessons at basic schools". From which follows that 1. This organization
does not have experience, 2. By no means has any relation to these
issues. Moreover, during the meetings these two organizations were
represented by one person, who also announced that she currently
works at RA Ministry of Health during the meeting on 20 September
2011. Therefore, here exists conflict of interest, at the same time
infringement of 1, 3 and 4 requirements.
10. "Education and Information for Development" (EID) non-governmental
organization - in its application there is presented only one
project "Bologna process in Armenia" educational-informational
project (Pedagogical University after Kh. Abovyan), but there the
implementation date and financial source are not mentioned.
Unambiguously there is an infringement of requirement 1.
11. "National Youth Council of Armenia" - despite the fact that the
organization was founded in 1997 in its application it has mentioned
only one implemented project, "Management of European Projects"
educational project by the financial support of the Youth Foundation
of Armenia. Again there is a conflict of interest between donor
and grantee relations. At the same time there is an infringement of
requirement 1.
12. "Mental Health Foundation" - According to RA law foundation is
not a non-governmental organization, thus it is not eligible to take
part in the announced competition.
13. "Khnamq" non-governmental organization - in its motivation
letter the organization has mentioned the series of the events and
publications (booklets and film), which the organization did but not
the grant projects (infringement of 1, 3 and 4 requirements).
14. "Krtaser" non-governmental organization - in its application
the organization has mentioned that it implemented only one project
"I don't want to smoke", which does not correspond to the presented
requirements (infringement of 1, 3 and 4 requirements).
15. "Scarp" health center non-governmental organization - in its
application the organization mentioned that it was established in
1999 and till now has implemented numerous projects in the sphere
of primary healthcare for disabled people. The project was funded
both by local and international donor organizations. This does not
provide any information about required criteria's, thus requirements 1,
3 and 4 were infringed.
16. "Zangakatun" charitable non-governmental organization - in its
application the organization did not present any grant project name,
moreover by its functioning it does not correspond to the requirements,
because as it is mentioned in the application the sphere of their
functioning includes overcoming social problems, women and children
rights protection, individual, group, family and community work
(infringement of 1 and 3 requirements).
17. "Public Information and Need of Knowledge" NGO - in its application
it has mentioned that is implementing a project with "New Generation"
NGO. It represents a conflict of interest, as "New Generation" NGO
also participates at CCM membership competition as a candidate.
18. "Anti HIV/AIDS National Association" non-governmental organization
- in its application it has mentioned that implemented "HIV/AIDS
Prevention in Gegharkunik Region" in 130 schools in Gegharkunik in
2001 by the financial support of UNICEF. Due to information inquires
UNICEF informed that for the project implemented in 2001 the partner
was "Scientific Association of Medical Students of Armenia" (SAMSA)
non-governmental organization, which was also participating at the
elections. Thus, mentioned organizations may be partners for the
implementation of this grant project, but "Anti HIV/AIDS National
Association" non-governmental organization was not a grantee for it.
>>From which can be concluded that in this situation organization
has provided not true information about its work.
Thus, this analysis shows that based only on the infringements of the
requirements for applications the participation of the organizations
which does not correspond to the requirements assigned in the
announcement spread by the temporary CCM secretariat must have been
excluded during the first stage of submission of the documents. At
the same time, it's important that in case of conflict of interest
between the organizations, the participation of those organizations
could be allowed only in case of taking appropriate steps provided
by the conflict of interest policy.
From: Emil Lazarian | Ararat NewsPress
hetq
22:31, September 28, 2011
We, the representatives of the civil society sector of the Republic
of Armenia, express our concern and worry with regards to improper
organization of the elections for CCM membership.
On September 14 and 20, 2011 were held two meetings for the CCM
membership elections. During these two meetings several local
non-governmental organizations and observers from international
organizations expressed their concern and grievance regarding
following issues:
~U Before the elections the participants were not provided with enough
information about CCM, its role and work,
~U CCM bylaws was not accessible and due to that it was not clear
whether or not previous CCM members can be reelected,
~U The compliance of the organizations, which have sent an
application form based on the announcement, was not checked by the
initiative group, CCM secretariat, with the criterias provided in
the announcement,
~U The election procedure was not developed beforehand,
~U Conflict of interest among candidate organizations for CCM
membership was not excluded.
During the two meetings proposals aimed to solve the raised
concerns, which emanated from healthy rationality, logic and
Global Fund standards, were refused by the considerable party of
the representatives of the organizations participating at the CCM
membership elections, excluding the logical outcome of the existing
problems.
The fact that considerable part of the participants were opposing to
discuss conflict of interest policy, lets to conclude that indeed
there was a conflict of interest among some of the organizations
represented for the elections.
Sergey Khachatryan, Deputy Minister of Health, opened the second
meeting held on September 20, 2011, who presented differences of
current CCM bylaws from previous one, particularly the existence of
conflict of interest policy. Despite the fact that we presented the
importance of developing election procedure and conflict of interest
policy, this circumstance was not discussed and was proposed to pass
to elections. The issue of having a conflict of interest policy
was not even put on voting. Not agreeing to implement elections
without rectifying above mentioned drawbacks 7 local non-governmental
organizations refused to take part in the elections.
We announce that implemented elections were not transparent, were not
corresponding to the principles of democratic elections and Global
Fund Standards.
Based on the abovementioned, as well as stressing the importance
of contemporaneousness of CCM committee, which must be formed as
a result of democratic elections, we below signed non-governmental
organizations, claim to consider the elections invalid and implement
new elections ensuring above mentioned conditions.
Please find attached analysis of the application forms presented by
the organizations to CCM secretariat.
"Helsinki Citizens' Assembly Vanadzor office" NGO
"New Generation" NGO
"For Family and Health Pan-Armenian Association" NGO
"Public Information and Need of Knowledge" (PINK) NGO
"Armenian Association of Women with University Education" NGO
"Women Resource Center" NGO
"Antidrug Civil Union" NGO
"Positive People Armenian Network" Soc. NGO
"Real World, Real People" NGO
"Youth Cultural Organization" NGO
"Hope and Help" NGO
Analysis
of the RA national legislation, invitation for the participation to
the work of Country Coordination Commission on HIV/AIDS, Tuberculosis
and malaria issues (CCM) in the Republic of Armenia and application
forms presented by the organizations
According to the article 3 of the Law of the Republic of Armenia on
Foundation adopted on 26 December, 2002 "foundation is a non-commercial
organization, which is established based on voluntary contributions
of property on behalf of citizens and (or) legal persons, and which
does not have members and pursues social, charitable, cultural,
educational, scientific, public health,
environmental or other public benefit goals. While according to
the article 3 of the Law of the Republic of Armenia on Public
Organizations "a public organization (hereafter referred to as
organization) is a type of (not for profit) public association which
does not pursue the purpose of gaining profit and redistributing
this profit among its members, and into which (the organization),
based on their common interests, in the manner prescribed by the law,
physical persons, including RA citizens, foreign citizens and those
without a citizenship, have joint for satisfying their non religious
spiritual and non material other needs; for protecting their and other
persons' rights and interests; for providing material and non-material
assistance to certain groups and for carrying out other activities
for public benefit.
As it can be seen that the law puts clear distinction between two
organizational-legal types of the organizations, where the only
commonality is that two types represent non-profit organization,
as well as civil society institutes. Nevertheless, judging from the
logic of the legislative, it becomes clear that these two types of
the organizations are clearly differentiated, as each of them is
regulated by a separate law. Therefore, foundation by no means can
be considered as a non-governmental organization and participate at a
competition for local non-governmental organizations (quote from the
announcement text spread by the RA Ministry of Health). Foundation by
its organizational-legal type cannot participate at CCM membership
competition also because in the bylaws of Country Coordination
Commission on HIV/AIDS, TB and malaria issues (CCM) in the Republic
of Armenia it is also mentioned local non-governmental organization
(part 6).
Moreover, RA Ministry of Health in its announcement text clearly
mentioned not only organizational-legal type of the organizations,
but also the sphere of functioning, which is unequivocally defined:
"Ministry of Health of the Republic of Armenia invites non-governmental
organizations working in the sphere of tuberculosis, HIV/AIDS and
malaria in Armenia to participate at the work of the reorganized
Country Coordination Commission on HIV/AIDS, Tuberculosis and malaria
issues of the Republic of Armenia".
Whereas, from the candidate organizations' applications and letters of
interest that was provided by CCM temporary secretariat, it is obvious
that several organizations that are registered for CCM membership do
not correspond to the minimum conditions of the competition announced
by the Ministry of Health of RA. Particularly, do not have minimum 2
years work experience in the sphere of healthcare, education, patients'
rights protection and social spheres, and at least one year experience
in implementing a grant project.
Therefore, the Ministry presented minimum 4 requirements for candidate
organizations:
Requirement 1: Functioning in the sphere of HIV/AIDS, tuberculosis
and malaria
Requirement 2: Local non-governmental organization
Requirement 3: Minimum 2 years of work experience in the sphere of
healthcare, education, patients' rights protection and social issues
Requirement 4: Minimum one year experience in the sphere of
implementation of grant projects Even if the organizations have
that experience, it is not clearly stated in the motivation letters
presented by the organizations.
Below it is analyzed the non-compliance of the motivation letters
presented by the organizations with the requirements stated by the
Ministry.
1. AEGEE Yerevan/European Student Forum - in the application there
is no mention of any project implemented by the organization, only
organized events are mentioned (infringement of 3 and 4 requirements).
Moreover, this organization represents international non-governmental
organization (http://www.cragrer.am/node/566), which contradicts the
announcement disseminated by the Ministry of Health considered for
local non-governmental organizations.
2. Union of Gavar Progressive Naturalists - in the application it is
stated that in 2011 implements "Trainings for Preschool Institution
Principles, Educators and Musical Educators", financial support comes
from Youth Foundation of Armenia. The conflict of interest is obvious
as Youth Foundation of Armenia also took part in the competition for
CCM membership as a candidate. At the same time the experience with
regards to the actions corresponding to requirement 1 is not presented
in the application.
3. Armenian National Scout Movement (ANSM) - in the application form
the organization did not present any of the implemented projects and
filled in number of events where either the organization or a member
of it participated at (infringement of 1, 3 and 4 requirements).
4. "Sonders Center" healthcare non-governmental organization -
in the application clearly states that it was established in May,
2010, functions 1.5 year. Moreover, in the application there is no
mention of grant project, which is implemented by this organization
(infringement of 1, 3 and 4 requirements).
5. "Union of Young Translators" NGO - in its application form it
has mentioned that implemented "Translation: Future of the World"
educational project by financial support of Youth Foundation of
Armenia. This represents a conflict of interest as the Youth Foundation
of Armenia also participated at the CCM membership elections as a
candidate. At the same time the organization by the sphere of its
functioning does not correspond to the requirements (infringement of
1 and 3 requirements).
6. Youth Foundation of Armenia - exists 1. conflict of interest, as the
donor and the grantees are represented as candidates, 2. According
to RA law foundation cannot be considered as a non-governmental
organization, thus is not eligible to take part at the competition.
7. "ASQ" cultural Center - "Taparum" fiction rock opera implemented
in 2011, by the financial support of Armenian Youth Foundation. Again
there is a conflict of interest in the relations of donor and grantee.
Moreover, the organization solely functions in the sphere of culture
(infringement of 1 and 3 requirements).
8. "Astghavard" non-governmental organization for disabled children
parents - in its application the organization mentions that along
with other projects it has implemented 2 projects "We Learn Computer"
educational project in 2010 and "Sewing by Ourselves" in 2011 by the
financial support of Youth Foundation of Armenia. Again there is a
conflict of interest in the relations between donor and grantee.
Besides that the organization does not correspond to the requirement 1.
9. "Dzqer" youth educational non-governmental organization - in
its application it is mentioned that: ""Dzerq" youth educational
non-governmental organization was founded on April 21, 2009. During
its functioning "Regional Cooperation" youth non-governmental
organization has implemented several projects in the sphere of
education; implemented projects: organization of out of class English
lessons at basic schools". From which follows that 1. This organization
does not have experience, 2. By no means has any relation to these
issues. Moreover, during the meetings these two organizations were
represented by one person, who also announced that she currently
works at RA Ministry of Health during the meeting on 20 September
2011. Therefore, here exists conflict of interest, at the same time
infringement of 1, 3 and 4 requirements.
10. "Education and Information for Development" (EID) non-governmental
organization - in its application there is presented only one
project "Bologna process in Armenia" educational-informational
project (Pedagogical University after Kh. Abovyan), but there the
implementation date and financial source are not mentioned.
Unambiguously there is an infringement of requirement 1.
11. "National Youth Council of Armenia" - despite the fact that the
organization was founded in 1997 in its application it has mentioned
only one implemented project, "Management of European Projects"
educational project by the financial support of the Youth Foundation
of Armenia. Again there is a conflict of interest between donor
and grantee relations. At the same time there is an infringement of
requirement 1.
12. "Mental Health Foundation" - According to RA law foundation is
not a non-governmental organization, thus it is not eligible to take
part in the announced competition.
13. "Khnamq" non-governmental organization - in its motivation
letter the organization has mentioned the series of the events and
publications (booklets and film), which the organization did but not
the grant projects (infringement of 1, 3 and 4 requirements).
14. "Krtaser" non-governmental organization - in its application
the organization has mentioned that it implemented only one project
"I don't want to smoke", which does not correspond to the presented
requirements (infringement of 1, 3 and 4 requirements).
15. "Scarp" health center non-governmental organization - in its
application the organization mentioned that it was established in
1999 and till now has implemented numerous projects in the sphere
of primary healthcare for disabled people. The project was funded
both by local and international donor organizations. This does not
provide any information about required criteria's, thus requirements 1,
3 and 4 were infringed.
16. "Zangakatun" charitable non-governmental organization - in its
application the organization did not present any grant project name,
moreover by its functioning it does not correspond to the requirements,
because as it is mentioned in the application the sphere of their
functioning includes overcoming social problems, women and children
rights protection, individual, group, family and community work
(infringement of 1 and 3 requirements).
17. "Public Information and Need of Knowledge" NGO - in its application
it has mentioned that is implementing a project with "New Generation"
NGO. It represents a conflict of interest, as "New Generation" NGO
also participates at CCM membership competition as a candidate.
18. "Anti HIV/AIDS National Association" non-governmental organization
- in its application it has mentioned that implemented "HIV/AIDS
Prevention in Gegharkunik Region" in 130 schools in Gegharkunik in
2001 by the financial support of UNICEF. Due to information inquires
UNICEF informed that for the project implemented in 2001 the partner
was "Scientific Association of Medical Students of Armenia" (SAMSA)
non-governmental organization, which was also participating at the
elections. Thus, mentioned organizations may be partners for the
implementation of this grant project, but "Anti HIV/AIDS National
Association" non-governmental organization was not a grantee for it.
>>From which can be concluded that in this situation organization
has provided not true information about its work.
Thus, this analysis shows that based only on the infringements of the
requirements for applications the participation of the organizations
which does not correspond to the requirements assigned in the
announcement spread by the temporary CCM secretariat must have been
excluded during the first stage of submission of the documents. At
the same time, it's important that in case of conflict of interest
between the organizations, the participation of those organizations
could be allowed only in case of taking appropriate steps provided
by the conflict of interest policy.
From: Emil Lazarian | Ararat NewsPress