WHEREAS, the worldwide epidemic of acquired immunodeficiency syndrome (AIDS) - a syndrome caused by the human immunodeficiency virus (HIV) - is one of the major tragedies of our time which poses a threat of great magnitude to mankind, and requires a multidimensional response at global and country level;

WHEREAS the United Nations Children's Fund ("UNICEF"), the United Nations Development Programme ("UNDP"), the United Nations Population Fund ("UNFPA"), acting within their respective mandates from the General Assembly and the Economic and Social Council ("ECOSOC") of the United Nations; the United Nations Educational, Scientific and Cultural Organization ("UNESCO"); the World Health Organization ("WHO"); and the International Bank for Reconstruction and Development ("the Bank"), wish to undertake a joint and cosponsored United Nations programme on HIV/AIDS ("the Joint Programme"), to replace all prior arrangements, bilateral or otherwise, between them concerning HIV infection and AIDS ("HIV/AIDS");

WHEREAS the governing bodies of each of the organizations and ECOSOC, through its resolutions 1994/24 and E/1995/L.24/Rev.1 ⁽¹⁾, have endorsed the establishment of the Joint Programme;

NOW THEREFORE, UNICEF, UNDP, UNFPA, UNESCO, WHO and the Bank, collectively referred to as the "Cosponsoring Organizations" have agreed on the structure and operation of the Joint Programme as set forth below:

I ESTABLISHMENT OF THE JOINT UNITED NATIONS PROGRAMME ON HIV/AIDS ("UNAIDS")

- The Cosponsoring Organizations' respective activities at country level in support to national programmes;

- The Cosponsoring Organizations' respective intercountry/regional activities, within the context of the global workplan of UNAIDS;

- The HIV/AIDS activities undertaken by other United Nations system organizations in such areas as humanitarian aid, assistance to refugees, peace-keeping and human rights; and

- Activities undertaken by other United Nations system organizations in cooperation with bilateral aid agencies.

II OBJECTIVES

The objectives of UNAIDS are to:

(a) Provide global leadership in response to the epidemic;

(b) Achieve and promote global consensus on policy and programmatic approaches;

(c) Strengthen the capacity of the United Nations system to monitor trends and ensure that appropriate as well as effective policies and strategies are implemented at country level;

(d) Strengthen the capacity of national Governments to develop comprehensive national strategies, and implement effective HIV/AIDS activities at country level;

(e) Promote broad-based political and social mobilization to prevent and respond to HIV/AIDS within countries, ensuring that national responses involve a wide range of sectors and institutions, including nongovernmental organizations; and

(f) Advocate greater political commitment in responding to the epidemic at global and country level, including the mobilization and allocation of adequate resources for HIV/AIDS-related activities.

III COSPONSORSHIP

3.1 The Cosponsoring Organizations are committed to working together and contributing to UNAIDS. UNAIDS will draw upon the experience and strengths of the Cosponsoring Organizations to develop its HIV/AIDS-related policies, strategies and technical guidelines, which will be incorporated by each of them into their policy and strategy mainstream, subject to their governance processes, and reflected in the activities specific to their own mandates.

3.2 The activities of the Cosponsoring Organizations relating primarily to HIV/AIDS at global level shall be within the context of the global workplan of UNAIDS, developed in collaboration with the Cosponsoring Organizations. HIV/AIDS activities of the Cosponsoring Organizations at country level shall function within the framework of national plans and priorities and the resident coordinator system, where it exists.

IV STRUCTURE AND ORGANIZATION OF UNAIDS

4.1 At global level, UNAIDS consists of the Programme Coordinating Board (PCB), the Committee of Cosponsoring Organizations (CCO) and the Secretariat.

4.2 At country level, UNAIDS will operate through a "UN Theme Group on HIV/AIDS" and will have Secretariat staff in selected countries.

The Programme Coordinating Board (PCB) shall act as the governing body on all programmatic issues concerning policy, strategy, finance, monitoring and evaluation of UNAIDS. Its composition and functions shall be determined by ECOSOC as well as the appropriate governing bodies of the Cosponsoring Organizations.

6.1 The Committee of Cosponsoring Organizations (CCO) shall serve as the forum for the Cosponsoring Organizations to meet on a regular basis to consider matters concerning UNAIDS, and shall provide the input of the Cosponsoring organizations into the policies and strategies of UNAIDS.

6.2 The CCO shall be comprised of the executive head, or his/her designated representative, of each of the Cosponsoring Organizations. Members of the CCO may be accompanied by a limited number of advisers.

6.3 The CCO shall have the following functions:

(i) To review workplans and the proposed programme budget for each coming financial period, prepared by the Executive Director and reviewed by any appropriate committee established for the purpose, in time for presentation to the PCB;

(ii) To review proposals to the PCB for the financing of UNAIDS for the coming financial period;

(iii) To review technical reports, as well as financial statements of UNAIDS and audited financial reports, submitted by the Executive Director, and to transmit these with comments as appropriate to the PCB;

(iv) To make recommendations to the PCB on matters relating to UNAIDS;

(v) To review the activities of each Cosponsoring Organization for consistency and coordination with, as well as appropriate support to, the activities and strategies of UNAIDS;

(vi) To report to the PCB on the efforts of the Cosponsoring Organizations to bring UNAIDS's policy as well as strategic and technical guidance into the policies and strategies of their respective organizations and to reflect them in activities specific to their mandates; and

(vii) To decide, on behalf of the PCB, on issues referred to it for this purpose by the PCB.

6.4 The CCO may establish such advisory committees as it deems necessary for the accomplishment of its work.

VII UNAIDS SECRETARIAT

7.1 An Executive Director shall head the UNAIDS Secretariat. The Executive Director shall be appointed by the Secretary-General of the United Nations, upon the consensus recommendation of the Cosponsoring Organizations. The appointment shall be implemented by the agency providing administration of UNAIDS. The Executive Director shall be responsible for the overall management of UNAIDS. The Executive Director may establish such policy and technical advisory committees as may be required

7.2 The Executive Director shall prepare a biennial workplan and budget for UNAIDS, which shall be submitted to the PCB for approval, following review by the CCO.

7.3 The Executive Director shall report to the PCB, after consultation with the CCO, on all major programme, budget and operational issues of UNAIDS.

7.4 The Executive Director shall be Secretary of the PCB and of the CCO.

VIII GLOBAL LEVEL

At global level, UNAIDS will provide support in policy formulation, strategic planning, technical guidance, research and development, advocacy and external relations. Working closely with the appropriate organizations, UNAIDS will also support normative activities relating to HIV/AIDS in areas such as social and economic planning, population, culture, education, health, community development and social mobilization, sexual and reproductive health, and women and adolescents.

IX COUNTRY LEVEL

9.1 It is recognized that national Governments have the ultimate responsibility for the coordination of HIV/AIDS issues at country level. To this end, the arrangements of UNAIDS for coordinating HIV/AIDS activities will complement and support Government efforts for national development planning. The Cosponsoring Organizations shall incorporate the normative work undertaken by UNAIDS at global level on policy, strategy and technical matters into their HIV/AIDS activities and related activities undertaken at country level, consistent with national plans and priorities of the countries concerned. An important function of UNAIDS will be to strengthen national capacities to plan, coordinate, implement and monitor the overall response to HIV/AIDS. The participation in UNAIDS of six organizations of the United Nations system will ensure the provision of technical and financial assistance to national activities in a coordinated multisectoral manner. This will strengthen intersectoral coordination of HIV/AIDS activities and will facilitate further incorporation of these activities in national programme and planning processes.

9.2 Within the framework of General Assembly resolutions 44/211 and 47/199, the resident coordinator shall establish a UN Theme Group on HIV/AIDS in countries for carrying out HIV/AIDS and related activities, and designate a chairperson from among the members of the Theme Group, bearing in mind the desirability of making a selection reflecting the consensus views of the Cosponsoring Organizations present in the country concerned. In countries where the resident coordinator system does not exist or where only one of the Cosponsoring Organizations is present, alternate arrangements shall be made, in agreement with the national authorities, to facilitate the support to the national response to HIV/AIDS.

9.3 UNAIDS will facilitate coordination among the Cosponsoring Organizations at country level and may decide to station staff of the Secretariat in selected countries to support the chairperson of the UN Theme Group on HIV/AIDS.

X FLOW OF UNAIDS FUNDS

10.1 Funds for UNAIDS activities at global level will be obtained through appropriate common global means, including a Global Appeal.

10.2 Funding for country-level HIV/AIDS-related activities will be obtained primarily through existing fund-raising mechanisms of the Cosponsoring Organizations.

XI ADMINISTRATION OF UNAIDS

11.1 WHO shall provide administration of UNAIDS. It shall establish a separate trust fund (entitled "UNAIDS Trust Fund"), under its Financial Regulations and Rules, for the receipt and disbursement of financial contributions to UNAIDS

11.2 Financial contributions to the UNAIDS Trust Fund may consist of voluntary cash contributions received from Cosponsoring Organizations, from Governments of Member States of any of the Cosponsoring Organizations, from intergovernmental and nongovernmental organizations, as well as from commercial enterprises and individuals. In addition, WHO may also receive, in trust for UNAIDS, contributions in kind, e.g., staff, equipment, facilities or services. The resources of UNAIDS shall consist of the aforesaid cash and in-kind contributions.

11.3 All expenditures under UNAIDS shall be authorized by the Executive Director against funds received or committed, in accordance with the WHO's Financial Regulations and Rules.

11.4 The Executive Director shall be responsible for the selection, supervision, promotion and termination of all Secretariat staff, acting within the staff regulations and rules of WHO which will be adjusted, as necessary, to take into account special needs of UNAIDS. The appointment, promotion and termination of the Secretariat staff shall be implemented by WHO.

11.5 All Secretariat staff shall be recruited for service with UNAIDS only. WHO shall be responsible for administrative matters of their employment.

11.6 Subject to the possible need to make special arrangements to take into account the particular operational needs of UNAIDS, the operation of UNAIDS shall be carried out in accordance with the administrative and financial regulations, rules and procedures of WHO. WHO shall, in agreement with the Executive Director, elaborate such further details of the administration of UNAIDS as are necessary for its proper functioning.

11.7 WHO shall be entitled to apply a charge covering its costs in providing administration of UNAIDS.

XII FINAL PROVISIONS

12.1 This Memorandum of Understanding shall enter into force upon signature of the executive heads of all six Cosponsoring Organizations listed in the Preamble to this Memorandum of Understanding.

12.2 After the first anniversary of the entry into force of this Memorandum of Understanding and with the unanimous agreement of the existing Cosponsoring Organizations, other United Nations system organizations may become Cosponsoring Organizations by signature of the Memorandum of Understanding.

12.3 At the time of the second anniversary of the entry into force of this Memorandum of Understanding, the Cosponsoring Organizations agree to review the Memorandum of Understanding in order to determine whether it should be amended to further improve the operation of UNAIDS. Amendments to the Memorandum of Understanding shall be made by agreement among the Cosponsoring Organizations.

12.4 The Cosponsoring Organizations assume no liability for the acts or omissions of the Executive Director or his/her staff.


(Signed) Carol Bellamy
Executive Director
United Nations Children's Fund

(Signed) Hiroshi Nakajima
Director-General
World Health Organization

(Signed) James D. Wolfensohn
President
The World Bank

Done on 1 January 1996.

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MEMORANDUM OF UNDERSTANDING ON A JOINT AND COSPONSORED
UNITED NATIONS PROGRAMME ON HIV/AIDS

In accordance with Article XII, Section 12.2 of the Memorandum of Understanding on a Joint and Cosponsored United Nations Programme on HIV/AIDS, signed by the Executive Heads of the United Nations Children's Fund, the United Nations Development Programme, the United Nations Population Fund, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization and the World Bank, the signature below shall be appended to the aforementioned Memorandum of Understanding.

Done at Vienna on 12 March 1999.

(Signed) Pino Arlacchi
Executive Director
United Nations Drug Control Programme

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MEMORANDUM OF UNDERSTANDING ON A JOINT AND COSPONSORED
UNITED NATIONS PROGRAMME ON HIV/AIDS

In accordance with Article XII, Section 12.2 of the Memorandum of Understanding on a Joint and Cosponsored United Nations Programme on HIV/AIDS, signed by the Executive Heads of the United Nations Children's Fund, the United Nations Development Programme, the United Nations Population Fund, the United Nations Drug Control Programme, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization and the World Bank, the signature below shall be appended to the aforementioned Memorandum of Understanding.

Geneva, 25 October 2001

(Signed) Juan Somavia
Director-General
International Labour Organization

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1. pending allocation of the final resolution number

2. abbreviation for "the resident coordinator of the United Nations system's operational activities for development"

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Published in: Official Bulletin of the ILO, Vol. LXXXIV, 2001, Series A, n°1.