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:

• Before the elections the participants were not provided with enough information about CCM, its role and work,

• CCM bylaws was not accessible and due to that it was not clear whether or not previous CCM members can be reelected,

• 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,

• The election procedure was not developed beforehand,

• 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.