Attachement J.4._DCN_2020_MOL_019_RCE_Effective Justice_Redacted.pdf

DCN: 2020-MOL-019

USAID/Moldova

Request of Categorical Exclusion (RCE)

US Agency for International Development (USAID) USAID/Moldova

Request of Categorical Exclusion (RCE)

Program/Project/Activity Data

Activity/Project Name: Effective Justice Assistance Objective: 2. Governing Justly and Democratically Program Area: 2.1 Rule of Law Country(ies) and/or Operating Unit: Moldova Originating Office: Moldova/DG Date: December 2019 PAD Level IEE: Yes No Supplemental IEE: Yes No RCE/IEE Amendment: Yes No

DCN of Original RCE/IEE: DCN:2016-MOL-005

DCN of Amendment(s):

If Yes, Purpose of Amendment (AMD): Add new activity and funding DCN(s) of All Related EA/IEE/RCE/ER(s): DCN: 2016-MOL-005 Implementation Start/End: LOP: 10/2015-9/2025 Funding Amount: AMD: LOP Amount:

Contract/Award Number (if known): TBD Recommended Environmental Determination:

Categorical Exclusion: Positive Determination:

Negative Determination: Deferral:

Additional Elements:

Conditions: Local Procurement:

Government to Government: Donor Co-Funded:

Sustainability Analysis (included): Climate Change Vulnerability Analysis (included):

1. Project and Activity Overview

1.1. Purpose and Scope of RCE

The Amendment will extend the life of project and add additional funding to the original IEE covered under DCN: 2016-MOL-005, commensurate with a new activity. The new activity, Effective Justice (EJ), will work with Moldovan justice sector institutions to improve their efficiency, independence, and transparency. The anticipated funding for the activity is million. The geographic scope will remain unchanged. The activity will not affect the natural or physical environment. Therefore, a Categorical Exclusion is requested for this specific activity. All conditions and threshold determinations of the original IEE remain in effect. With this Amendment, all existing reporting requirements shall remain in place, for instance, any monitoring or reporting timelines stated in the EA or other existing EMMPs remain in place as do requirements for submittal by the implementing partner of Records of Compliance with Environmental Mitigation and Monitoring Plans at the close of activities. The project is currently in compliance.

1.2. Activity Overview

Attachment J.4

USAID/Moldova

The RCE will cover the Effective Justice activity. The goal of the proposed activity is to foster an efficient, accessible and transparent justice system that uniformly applies the rule of law. Effective Justice will be implemented nationwide, including national level institutions based in Chisinau, in courthouses, with legal professionals at all levels, and with justice service users throughout Moldova. An indefinite-delivery, indefinite-quantity (IDIQ) type contract for this activity is anticipated to maintain flexibility and manage the uncertainties in the operating environment.

2. Activity Description The components outlined below are used for demonstrating the breadth of possible activities under EJ.

Under the IDIQ, each Task Order will use its own combination of these components, depending on the specific issues that are being addressed.

Component/Result 1: Improve the performance of courts in delivering quality justice services

Under Component One, the activity will assist courts in meeting their workforce development needs by partnering with National Institute of Justice to develop a sustainable model to identify and resource the skill sets needed for court personnel. Courts also have technical needs in forecasting the resources necessary for the proper functioning of courts and to forecast for the replacement and upgrading of depreciating equipment.

Illustrative activities under component 1 may include assisting courts with performance improvement plans across an array of skills and practices, technology and tools for transparency, strengthening merit-based hiring procedures for court staff, facilitating increased use of statistics to inform management decisions, human, financial, and technological need forecasting, working with the Superior Council of Magistracy (SCM )and the Ministry of Justice (MOJ) to ensure that court statistics and data are available to the public, creating a forum/mechanism to make recommendations and provide feedback to the Agency for Court Administration (ACA) on needed legal reforms and/or policy guidance and improving budget forecasting to ensure adequate resources for the functioning of the courts. Any technology support would be either plug and play equipment (e.g. laptops, scanners) or programming adjustments to existing judicial court automation databases. No infrastructure improvements are authorized.

Component/Result 2: Strengthen connection between courts, justice service providers, and communities

As part of EJ, significant attention will be provided to conducting public outreach activities within partner courts and the communities they serve. These interventions will be designed to bring the courts and community together and to demonstrate to the public that the courts are there to work with and for them.

To support a wide range of outreach activities, grants under contract will be authorized so that civil society organizations may receive grant funding to advocate for stronger justice institutions and/or increasing public awareness and engagement in promoting the rule of law. Specific attention will be given to organizations working with young people, women and minority groups. Funding from this grant program could enable the targeted organizations to: (a) establish partnerships with courts, judges, MOJ, SCM and other justice system actors to improve their communication, outreach and responsiveness; (b) monitor specific trials and investigations to advocate for improved performance; (c) produce specialized reports and concrete policy proposals; (d) conduct advocacy campaigns and coalition building for the adoption of specific legal and/or policy reforms; and (e) carry out activities geared towards raising public awareness of their rights and responsibilities, the judiciary’s functions as well as any pressing legal and policy reform issues. No equipment will be purchased and no infrastructure improvements funded.

USAID/Moldova

Illustrative activities under Component 2 include advancing web portals and other IT solutions to enable citizens’ access to information, increasing interactions between courts and local civil society regarding access for people with disabilities, creation of community councils within courts to facilitate connections with civil society and the communities they serve, holding community meetings to discuss court restructuring and its impact on citizens, assisting courts to ensure appropriate facilities and procedures for juvenile witnesses in keeping with national laws and international standards, conducting public opinion surveys, working with relevant national commissions and parliamentary committees to review, and improve. Any technology support would be either plug and play equipment (e.g. laptops, scanners).

Small grants may support development of apps that can be used for civil society oversight of publicly available court information. No infrastructure improvements are authorized.

Component/Result 3: Facilitate multiple pathways to justice and dispute resolution

Facilitating pathways to justice means ensuring people can access justice, receive a fair and timely hearing, and ensuring proper legal representation for citizens in their legal matters. Although Moldova’s constitution has provisions for legal aid to provide assistance to those who cannot afford it, not all of those who qualify for legal aid assistance receive it. Many people are not aware that they qualify for legal aid and their rights in this regard. Under EJ, support will be provided to courts and civil society to identify and assess gaps and difficulties utilizing legal aid. Activities in this component would be structured to support systemic improvements to ensure the process is fair, non-discriminatory, and that the eligibility criteria are clear.

Timely processing of case files and prompt scheduling of hearings is impacted by case backlogs. Broader use of alternative dispute resolution (ADR) is one means to transfer low level disputes to mechanisms outside of the formal judicial system, fostering earlier resolution and reducing demands on the court system. Under the activity, utilization of ADR in Moldova will be promoted by creating effective mechanisms for case referral from the courts to ADR providers. Activities under this component will relate to existing USAID and previous British Embassy funded work to increase public awareness of ADR and would coordinate with USAID’s existing ADR program through EBRD to enhance impact.

Illustrative Component 3 activities include gap analysis of legal aid provisions, strengthening the capacity of legal aid providers, establishing transfer mechanism between courts and ADR providers, assessments on the potential use of judicial mediation, and ensuring legal compliance with enforcing decisions made in arbitration.

Component/Result 4: Support to Central Judicial Institutions to Strengthen Judicial Independence

USAID, through a current grant with the Legal Resources Center of Moldova, funded a recent assessment which examined the independence of Moldova’s judiciary. This report, prepared by the International Commission of Jurists found a “judiciary that could be, but is not yet, fully independent.” Influence over the judiciary is achieved through various legislative, structural, and administrative means. Effective justice will continue to support the reform process to strengthen the transparency and independent operations of judicial structures.

Illustrative activities to strengthen the independence of the judiciary under component 4 could include support to extra-judicial evaluation bodies, enabling or supporting the reform of legislation to reduce influence on the judiciary, developing uniform procedures for the public release and redaction of data, and strengthening judicial ethics practices.

USAID/Moldova

3. Justification for Categorical Exclusion Determination

The activities under Effective Justice will not have an effect on the natural or physical environment and are among the classes of activities listed in 22 CFR 216.2(c)(2). Therefore, under §216.2(c)(1), neither an IEE nor an EA will be required for this activity. Instead, a categorical exclusion threshold determination is recommended for the following identified components under 22 CFR 216.2(c)(2):

Activity Components 1-4

• Under §216.2(c)(2)(i) Education, technical assistance, or training programs except to the extent such programs include activities directly affecting the environment (such as construction of facilities, etc.);

• Under §216.2(c)(2)(iii) Analyses, studies, academic or research workshops and meetings; and,

• Under §216.2(c)(2)(v) Document and information transfers;

4. Limitations of the Categorical Exclusion Determination:

This requested categorical exclusion for Effective Justice does not cover classes of actions normally having a significant effect on the environment under §216.2(c)(2)(d):

(i) Programs of river basin development;

(ii) Irrigation or water management projects, including dams and impoundments;

(iii) Agricultural land leveling;

(iv) Drainage projects;

(v) Large scale agricultural mechanization;

(vi) New lands development;

(vii) Resettlement projects;

(viii) Penetration road building or road improvement projects;

(ix) Powerplants;

(x) Industrial plants;

(xi) Potable water and sewerage projects other than those that are small-scale.

USAID/Moldova

Recommended Categorical Exclusion Clearances:

Approval:

Scott Hocklander, Mission Director

Date

Clearance:

Constantin Mihailescu, Mission Environmental Officer

Clearance:

Victoria Gellis, DG Team Lead

Concurrence:

Mark Kamiya E&E Bureau Environmental Officer

Distribution:

IEE File MEO (to also provide a copy to AOR/COR)