Attachment_4_-_Initial_Environmental_Examination_(IEE)_No._DCN_2018-KOS-006.pdf

DCN: 2018-KOS-006

Kosovo/Justice Matters

United States Agency for International Development (USAID)

USAID/KOSOVO

Request for Categorical Exclusion (RCE)

Program/Project/Activity Data:

Activity/Project Name: Justice Matters

Assistance Objective: Governing Justly and Democratically

Program Area: Democracy and Governance

Country(ies) and/or Operating Unit: KOSOVO

Originating Office: DGO Date: September 29, 2017

PAD Level RCE: Yes☐ No☒

RCE/IEE Amendment: Yes☐ No☒

Supplemental RCE: Yes☐ No☒

DCN of Original RCE/IEE:

DCN of Amendment(s):

If Yes, Purpose of Amendment: N/A

DCN(s) of Related EA/IEE/RCE/ER(s): N/A

Implementation Start/End: LOP: FY 18-FY 21

Funding Amount: LOP Amount:

Contract/Award Number (if known): TBD

IEE Expiration Date (if any): TBD Reporting due dates (if any): TBD

Recommended Determination: Categorical Exclusion

Additional Elements:

Government to Government: ☐ Local Procurement: ☐ Donor Co-Funded: ☐

1. Activity Description

The activity is to improve access to justice for all, inclusive of disadvantaged and marginalized groups, through strengthening the institutions, actors, and processes for providing legal aid, services and information.

Kosovo’s Constitution guarantees the right to free legal assistance [legal aid], and adopts the same language used in Article 6 of the European Convention on Human Rights (ECHR) on the right to a fair trial. The Constitution has given free legal aid the status of a basic human right, by affirming that “Free legal assistance shall be provided to those without sufficient financial means if such assistance is necessary to ensure effective access to justice.”

Kosovo/Justice Matters

In February 2012, the Kosovo Assembly adopted the Law on Free Legal Aid (the Law), which guarantees free legal aid in civil, administrative, minor offenses, and criminal procedure to individuals without sufficient financial means pay for legal representation.

Kosovo’s Legal Aid Agency has the authority to accredit civil society organizations (CSOs) and the Kosovo Bar Association provides a list of lawyers who are eligible to handle legal aid cases. CSOs fill in gaps by providing legal aid to those beneficiaries (clients) who do not or cannot access the regional Legal Aid Offices. Currently, there is no system in place with defined criteria regulating the accreditation process for CSOs to provide authorized legal services. Moreover, lawyers in the system are also not incentivized to take on pro bono cases.

The normative framework for access to justice, including guarantees for the rights to a fair trial and free legal assistance, is comprehensive. However, the gap between law and practice with regards to access to justice in Kosovo is significant and in need of substantial reform and assistance.

Ineffective implementation leaves all members of society who are: 1) eligible for free legal assistance based on socio-economic status and needs of Kosovo society and 2) have a “justice need” (e.g. a rights violation, dispute, grievance, or other issue involving the law) unable to overcome barriers to remedying rights violations, resolving disputes in a peaceful and timely fashion, and ultimately making the law work for them in their daily lives.

In addition to the poor, other disadvantaged populations have justice needs that can be specific to their ethnicity and religion, sexual orientation and gender identity, mental and physical disabilities, or other characteristics and identities that may distinguish them. These citizens include, but are not necessarily limited to members of the Kosovo Serb, Roma, Ashkali, and Egyptian communities, LGBTI persons, IDPs, and the mentally and physically disabled and women.

Justice Matters will work towards this goal through the following three objectives:

Objective 1: Strengthen the Capacity of Kosovo’s Legal Aid System

Objective 2: Enhance the Quality and Responsiveness of Legal Aid Services

Objective 3: Strengthen Legal Literacy and Citizen Empowerment

Expected results:

Legal Aid Agency budget is increased and resources are effectively managed by the Legal Aid Agency;

The Council is increasingly able to fulfill its mandate set forth in article 13 of the Law on Free Legal Aid;

Establish criteria for CSOs to provide authorized legal services completed;

Mechanism for CSO accreditation established and CSOs accredited to provide legal aid, according to the Law on Free Legal Aid;

Incentives in legal aid system created to increase the interest of lawyers to take on legal aid cases;

Kosovo/Justice Matters

The Legal Aid Agency plays a leading role in effectively managing the legal aid coordination mechanism together with relevant stakeholders.

Legal aid services deployed to communities where there is no legal aid office or need is identified in vulnerable communities in a coordinated manner;

Legal aid offices around Kosovo fully operational and receiving clients;

Law schools integrate legal aid work into their curriculum to provide practical skills training via opportunities for clinical legal education and internships;

Provision of legal aid professionalized targeting legal aid practitioners and those interested in public interest law.

Vulnerable communities are aware of their legal rights and legal services provisions;

CSO legal aid providers support the Kosovo Bar Association and Legal Aid Agency to advocate for budgetary resources;

Tools developed that allow the population to find legal aid resources in their community, including legal aid services unique to their community/social group;

Rights Advocacy Networks improve legal literacy and empowerment of their members.

Defined or illustrative activities Potential Climate Risk Climate Risk

Rating*

1. Strengthen the Capacity of Kosovo’s Legal Aid System 1.1Training and technical advice

None Low

2. Enhance the Quality and Responsiveness of Legal Aid Services

2.1 Training and technical advice

None Low

3. Strengthen Legal Literacy and Citizen Empowerment 3.1Training and Technical Advice.

None Low

2. Justification for Categorical Exclusion Determination The activities under the Justice Matters activity 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 these activities. Instead, a categorical exclusion threshold determination is recommended:

Activities number: 1.1, 2.1, 3.1, under §216.2(c)(2) (iii)Analyses, studies, academic or research workshops and meetings;

3. Limitations of the Categorical Exclusion Determination This categorical exclusion does not cover classes of actions normally having a significant effect on the environment under §216.2(d):

i. Programs of river basin development;

ii. Irrigation and water management;

iii. Agricultural land leveling;

iv. Drainage projects;

Kosovo/Justice Matters

v. Large scale agricultural mechanization;

vi. Resettlement projects;

vii. New land development;

viii. Penetration road building and road improvement;

ix. Power plants;

x. Industrial plants; and

xi. Potable water and sewerage projects.

In addition, this categorical exclusion does not cover activities that:

Support project preparation, project feasibility studies, engineering design for activities listed in §216.2(d)(1);

Affect endangered species;

Provide support to extractive industries (e.g. mining and quarrying);

Promote timber harvesting;

Lead to construction, reconstruction, rehabilitation, or renovation work;

Support agro-processing or industrial enterprises;

Provide support for regulatory permitting;

Lead to privatization of industrial facilities or infrastructure with heavily polluted property;

Assist the procurement (including payment in kind, donations, guarantees of credit) or use (including handling, transport, fuel for transport, storage, mixing, loading, application, clean-up of spray equipment, and disposal) of pesticides or activities involving procurement, transport, use, storage, or disposal of toxic materials--pesticides cover all insecticides, fungicides, rodenticides, etc. covered under the Federal Insecticide, Fungicide, and Rodenticide Act; and/or

Procure or use genetically modified organisms.

Any of these actions would require a Europe and Eurasia Bureau Environmental Officer (BEO) approved amendment to the categorical exclusion.

4. Mandatory Inclusion of Environmental Compliance Requirements in Solicitations, Awards, Budgets and Work Plans

4.1 Appropriate environmental compliance language, including limitations defined in Section 3, shall be incorporated into solicitations and awards for this activity.

4.2 The implementing partner shall ensure annual work plans do not prescribe activities that are defined as limitations in Section 3.

5. Revisions

Under §216.3(a)(9), if new information becomes available that indicates that activities covered by the categorical exclusion might be considered major and their effect significant, or if additional activities are proposed that might be considered major and their adverse effect significant, this categorical exclusion determination will be reviewed and, if necessary, revised by the Mission Environmental Officer (MEO) with concurrence by the BEO. It is the responsibility of the USAID Contract Officer’s Representative (COR)/Agreement Officer’s Representative (AOR) to keep the MEO and BEO informed of any new information or changes in the activity that might require revision of this determination.

Kosovo/Justice Matters

6. Recommended Environmental Threshold Decision Clearances:

Approval : ________________________________________ James Hope, Mission Director

Date

Clearance :

Clearance :

Clearance :

Clearance :

Lisa Magno, Deputy Mission Director

Perihan Ymeri-Ustaibo, Mission Environmental Officer

Miranda Jolicoeur, Acting Director, DGO

Flaka Xhelili-Zekaj, Project Management Specialist / Rule of Law, DGO

Date

Date

Date

Date

Concurrence: _______________________________________ Mark Kamiya E&E Bureau Environmental Officer

10/31/2017____________ Date

Distribution:

IEE File Mission Environmental Officer (to also provide a copy to AOR/COR)

Kosovo/Justice Matters

1.1: Tasks / Defined or Anticipated Tasks or Interventions*

1.2:

Time-frame

1.3:

Geograph y

2: Climate Risks*

3: Adaptive Capacity

4:

Climate Risk Rating*

5:

Opportunitie s

6.1: Climate Risk Managemen t Options

6.2: How Climate Risks are Addressed in the Activity*

7: Next Steps for Activity Implementation

8:

Accepte d Climate Risks*

1. Strengthen the Capacity of Kosovo’s Legal Aid System

2. Enhance the Quality and Responsivenes s of Legal Aid Services

3. Strengthen Legal Literacy and Citizen Empowerment

(Timelin e

3 years)

[List geog.

scope]

Pristina and country wide

Increase temperature , decrease precipitatio n but increase of flash flooding, increase in health problems from air and water pollution and increased heat stress

[Describe:

Information Capacity, Social and Institutional Capacity, Human Capacity, and Financial Capacity]

Agency for Emergency Managemen t and municipal emergency departments but budgets are limited

[Enter rating for each risk:

High, Moderate , or Low]

Low

[Enter description of opportunities]

Increase awareness for climate risks in the meetings and/or on civil society activities

[Enter management options for each climate risk]

While the services are provided the IP should be mindful to gather any information related to climate risk, if applicable such as housing in flood areas.

[Enter selected managemen t options for each climate risk, if relevant]

While the services are provided the IP should be mindful to consider any information related to climate risk, if applicable such as property ownership in flood zones.

[Enter next steps for addressing risks in activity implementation, if relevant]

While the services are provided the IP should be mindful to include climate information that could affect legal services.

[Enter if the risk is accepted and why, if relevant.

This is required if 6.2 and 7 do not address this climate risk.]

None

Kosovo/Justice Matters