Attachment 6_RCE for Justice Activity.pdf

DCN: 2020-KOS-014

USAID/Kosovo Justice activity EE.BEU Standard Form: RCE.v3

SOP 1, Template 2: Request for Categorical Exclusion (RCE)

United States Agency for International Development (USAID)

USAID/KOSOVO

Request for Categorical Exclusion (RCE)

Program/Project/Activity Data:

Activity/Project Name: Justice Activity Assistance Objective: Governing Justly and Democratically Program Area: Rule of Law and Human Rights Country(ies) and/or Operating Unit: KOSOVO Originating Office: DGO Date: November 1, 2019 PAD Level RCE: Yes☐ No X RCE/IEE Amendment: Yes☐ No X Supplemental RCE: Yes☐ No X

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: FY20-FY25 Funding Amount: LOP Amount: $ Contract/Award Number (if known): TBD

Recommended Determination: Categorical Exclusion

Additional Elements:

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

1. Project and Activity Description

1.1 Purpose and Scope of RCE - The purpose of this document, in accordance with Title 22, Code of Federal Regulations, Part 216 (22CFR216), is to provide a preliminary review of the reasonably foreseeable effects on the environment of the Justice activity described herein and recommend determinations and, as appropriate, conditions, for these activities. The Justice activity is a 60-month, $ million endeavor aiming on a more responsive justice system capable of providing people access to quality services and multiple means to solve their justice needs and every day legal problems to generate greater public trust in the justice system and the rule of law.

The Kosovo Mission Climate Risk screening at the Country Development Cooperation Strategy (CDCS) level has been done on November 2016. This RCE also documents the Climate Risk screening for this activity.

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1.2 Project Overview

In the last two decades, Kosovo has made significant progress in promoting the rule of law and establishing a justice system for the entire country and all Kosovo citizens, including those in the north of the country and other non-majority localities. With regards to the judiciary, the Kosovo Judicial Council functions as an institution of self-governance and administration of justice. The courts are unified and now entirely staffed by local judges. Backlog reduction has proceeded apace, with increased clearance rates and publication of court decisions. Moreover, a system of free legal aid has been established, one complemented and supported by an independent bar, the advent and evolution of the free legal professions, including private enforcement agents, mediators, notaries, and bankruptcy administrators, and ongoing work of justice-oriented civil society organizations.

However, fundamental challenges continue to impede the realization of a well-functioning justice system and the delivery of quality justice services to all those in need. This ongoing situation constrains the development of the rule of law as a foundation to Kosovo’s journey to self-reliance and path toward a more just, prosperous, and cohesive society suitable for European integration. Thus, a need for new and innovative approaches exists. This Activity will therefore shift from a justice system institution strengthening paradigm that focuses primarily on building the fundamental elements for independence, efficiency, and accountability to a more people oriented and centered approach. These remain important characteristics of a well-functioning justice system as well as outcomes of reform and assistance, and this Activity will reinforce them. However, it will do so by applying a new paradigm that emphasizes putting people and their needs at the center of the justice system and focusing justice institutions and services to more effectively solve justice needs and unmet legal problems. Also by improving the quality of justice experiences and outcomes, and providing people with the means to access justice services and empowering them to know, use, and shape the law in order to affect how justice institutions ultimately should function to benefit society and strengthen the rule of law. USAID’s approach to applying this paradigm to the Kosovo context emphasizes improving the delivery of justice services by Kosovo’s core justice institutions and service providers and connecting them more effectively to the public. In this regard, the Activity’s primary focus is on the judiciary and courts, with attention also given to strengthening the provision of legal aid and related services. In addition, this Activity emphasizes interventions at the community level, where people tend to interact the most with justice service providers to address their everyday justice needs and legal problems.

1.3 Project Description and Climate Risk Screening

The Objectives elaborated below seek to build upon the foundations to the rule of law put in place with the support of prior USAID assistance. In pursuing these Objectives, the Contractor will seek to consolidate earlier gains in rule of law promotion and justice system strengthening. The capacity building interventions will be in a form of mentoring, advising, and other forms of technical assistance.

The Contractor must apply systemic, sustainable and locally owned capacity building approaches to improvements in justice reform and service delivery implementation. Interventions should be flexible, demand-oriented, data-driven and build upon consultations with all stakeholders, other donors, and USAID. The main objectives and activities are:

OBJECTIVE 1: Quality and Accessibility of Justice Services Improved

1.1 Enhance the performance and reach of core justice institutions and service providers, such as but not limited to courts and legal aid offices, in providing quality justice and related services at the community levels throughout the entire country, with a focus at the community level.

1.2 The Contractor’s people-centered service delivery improvement approach must reach a stage that core

EE.BEU Standard Form: RCE.v3 justice institutions and service providers, i.e. courts and legal aid offices, proactively engage with each other, and utilize relevant data effectively to improve service delivery in areas of quality and accessibility for justice seekers.

1.3 The Contractor’s interventions associated with this Objective must positively impact justice seeker experience and outcomes, by institutionalizing policies and practices such that core justice institutions and service providers continuously and independently improve efficiencies and mitigate the back and forth “ping pong” of cases between basic courts and the Court of Appeal.

1.4 Ensure that the national level institutions and actors responsible for the administration of and access to justice services are effectively engaged to positively impact community-level service delivery.

OBJECTIVE 2: Citizen Understanding, Engagement, and Trust of the Justice System Improved

2.1 Facilitate and strengthen collaboration between core justice institutions and service providers, law enforcement, government authorities, civil society organizations and citizens in finding solutions to problems of critical concern to the public and individual justice seekers in Kosovo.

2.2 Facilitate meaningful partnerships to undertake social auditing and citizen oversight of core justice institutions and service providers to facilitate public input and voice in shaping strategic planning, improving performance, enhancing accountability, and dealing with allegations of official misconduct and corruption within the justice system.

2.3 Improve public communication strategies, capabilities, skills, and tools of core justice institutions and service providers for the proactive engagement of media, civil society and civic groups, and the public at large on the mandates and work of their institutions, the services they provide, and how core justice institutions and service providers can be engaged to address local needs and public priorities at the community level.

2.4 Improve the development and use of two-way feedback and monitoring mechanisms that link between core justice institutions and service providers with civil society, civic groups, and citizens to collaborate more effectively addressing public priorities in areas of justice, rights and security.

2.5 Ensure that the national level institutions and actors responsible for justice services where they impact community-level service delivery are effectively engaged.

OBJECTIVE 3: Effective innovations in the justice sector developed

3.1 Provide effective justice system innovations that put people‘s needs and problems at the forefront.

3.2 Generate new ideas and introduce innovation in the justice sector to facilitate effective collaboration between justice institutions and service providers, judicial support organizations, civil society actors and academia, and the entrepreneurship community.

3.3 Ensure innovation is properly contextualized and looks at the scalability and sustainability of the innovation.

3.4 Emphasize the development of innovative approaches and solutions that improve the quality of justice of cases that go to the courts, increase people’s ability to understand the law and navigate the justice system, address unmet legal needs, and improve transparency and accountability.

This RCE is the record of the climate risk screening done at the activity level as per the definition of objectives and activities in ADS 201 and it relies on the Kosovo Climate Risk screening done in November 2016.

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As per the activity screening this activity will have low climate risk vulnerabilities and no potential climate risks.

Defined or illustrative activities under Objective One — Quality and Accessibility of Justice Services Improved

Potential Climate Risk

Climate Risk Rating

1.1 Enhance the performance and reach of core justice institutions and service providers, such as but not limited to courts and legal aid offices, in providing quality justice and related services at the community levels throughout the entire country, with a focus at the community level.

N/A Low

1.2 The Contractor’s people-centered service delivery

improvement approach must reach a stage that core justice institutions and service providers, i.e. courts and legal aid offices, proactively engage with each other, and utilize relevant data effectively to improve service delivery in areas of quality and accessibility for justice seekers.

N/A Low

1.3 The Contractor’s interventions associated with this Objective must positively impact justice seeker experience and outcomes, by institutionalizing policies and practices such that core justice institutions and service providers continuously and independently improve efficiencies and mitigate the back and forth “ping pong” of cases between basic courts and the Court of Appeal.

N/A Low

1.4 Ensure that the national level institutions and actors

responsible for the administration of and access to justice services are effectively engaged to positively impact community-level service delivery.

N/A Low

Defined or illustrative activities under Objective Two — Citizen Understanding, Engagement, and Trust of the Justice System Improved

Potential Climate Risk

Climate Risk Rating

2.1 Facilitate and strengthen collaboration between core justice institutions and service providers, law enforcement, government authorities, civil society organizations and citizens in finding solutions to problems of critical concern to the public and individual justice seekers in Kosovo.

N/A Low

2.2 Facilitate meaningful partnerships to undertake social auditing and citizen oversight of core justice institutions and service providers to facilitate public input and voice in shaping strategic planning, improving performance, enhancing accountability, and dealing with allegations of official misconduct and corruption within the justice system.

N/A Low

2.3 Improve public communication strategies, capabilities, skills, and tools of core justice institutions and service providers for the proactive engagement of media, civil society and civic groups, and the public at large on the mandates and work of their institutions, the services they provide, and how core justice institutions and service providers can be

N/A Low

EE.BEU Standard Form: RCE.v3 engaged to address local needs and public priorities at the community level.

2.4 Improve the development and use of two-way feedback and

monitoring mechanisms that link between core justice institutions and service providers with civil society, civic groups, and citizens to collaborate more effectively addressing public priorities in areas of justice, rights and security.

N/A Low

2.5 Ensure that the national level institutions and actors responsible for justice services where they impact community-level service delivery are effectively engaged.

N/A Low

Defined or illustrative activities under Objective Three — Effective innovations in the justice sector developed

Potential Climate Risk

Climate Risk Rating

3.1 Provide effective justice system innovations that put people‘s needs and problems at the forefront.

N/A Low

3.2 Generate new ideas and introduce innovation in the justice sector to facilitate effective collaboration between justice institutions and service providers, judicial support organizations, civil society actors and academia, and the entrepreneurship community.

N/A Low

3.3 Ensure innovation is properly contextualized and looks at the scalability and sustainability of the innovation.

N/A Low

3.4 Emphasize the development of innovative approaches and

solutions that improve the quality of justice of cases that go to the courts, increase people’s ability to understand the law and navigate the justice system, address unmet legal needs, and improve transparency and accountability.

N/A Low

2. Justification for Categorical Exclusion Determination The activities under the Justice 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 Initial Environmental Examination (IEE) nor an Environmental Assessment (EA) will be required for these activities. Instead, a categorical exclusion threshold determination is recommended for the following identified activities under 22 CFR 216.2(c)(2):

● Activities 1.1, 1.2, 1.3, 1.4, 2.1, 2.2, 2.3, 2.4, 2.5, 3.1, 3.2, 3.3 and 3.4 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.);

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;

EE.BEU Standard Form: RCE.v3

v. Large scale agricultural mechanization;

vi. Resettlement projects;

vii. New land development;

viii. Penetration road building and road improvement;

ix. Powerplants;

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

● Appropriate environmental compliance language, including limitations defined in Section 3, shall be incorporated into solicitations and awards for categorical exclusions.

● 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 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.

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6. Recommended Determination for Categorical Exclusion:

Approval:

Lisa Magno, Mission Director

Date

Clearance: ________________________________________ Alison Case, Acting Deputy Mission Director

Date

Clearance:

Clearance:

Clearance:

Perihan Ymeri-Ustaibo, Mission Environmental Officer

Christina T. Davis, DGO Director

Flaka Xhelili Zekaj, DGO/Project Management Specialist

Date

Date

Date

Clearance: _______________________________________ Mark Kamiya E&E Bureau Environmental Officer

Date

Distribution:

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

Annex: CRM

EE.BEU Standard Form: RCE.v3

1.1: Defined or Anticipated Tasks or Interventions

1.2:

Time-frame

1.3: Geography 2: Climate Risks 3: Adaptive Capacity

4: Climate Risk Rating

(High, Moderate, or Low]

5: Opportunities\ 6.1: Climate Risk

Management Options

6.2: How Climate Risks Are

Addressed in the Activity

7: Next Steps for Activity

Implementation

8: Accepted Climate Risks

OBJECTIVE 1:

Quality and Accessibility of Justice Services Improved:

1.1 Enhance the

performance and reach of core justice institutions and service providers, such as but not limited to courts and legal aid offices, in providing quality justice and related services at the community levels throughout the entire country, with a focus at the community level.

1.2 The

Contractor’s people-centered service delivery improvement approach must reach a stage that core justice institutions and service providers, i.e. courts and legal aid offices, proactively engage with each other, and utilize relevant data effectively to improve service delivery in areas of quality and accessibility for

FY20

FY25

Kosovo wide N/A

The activity may look for opportunities for any adaptive legislative process

Low

May include considerations during discussions

For identifying needs and priorities in areas of justice, rights, and security.

Collect data on environment-climate risk related drivers during legal processes, if present

Project will work with the different groups of interest in

Kosovo to have more responsive justice system

N/A N/A

EE.BEU Standard Form: RCE.v3 justice seekers.

1.3 The

Contractor’s interventions associated with this Objective must positively impact justice seeker experience and outcomes, by institutionalizing policies and practices such that core justice institutions and service providers continuously and independently improve efficiencies and mitigate the back and forth “ping pong” of cases between basic courts and the Court of Appeal.

1.4 Ensure that the

national level institutions and actors responsible for the administration of and access to justice services are effectively engaged to positively impact community-level service delivery.

EE.BEU Standard Form: RCE.v3

OBJECTIVE 2:

Citizen Understanding, Engagement, and Trust of the Justice System Improved:

2.1 Facilitate and

strengthen collaboration between core justice institutions and service providers, law enforcement, government authorities, civil society organizations and citizens in finding solutions to problems of critical concern to the public and individual justice seekers in Kosovo.

2.2 Facilitate

meaningful partnerships to undertake social auditing and citizen oversight of core justice institutions and service providers to facilitate public input and voice in shaping strategic planning, improving performance, enhancing accountability, and dealing with allegations of official misconduct and corruption

FY20

FY25

Kosovo wide N/A

The activity may look for opportunities for any adaptive legislative process

Low

May include considerations during discussions

For identifying needs and priorities in areas of justice, rights, and security.

Collect data on environment-climate risk related drivers during legal processes, if present

Project will work with the different groups of interest in

Kosovo to have more responsive

N/A N/A

EE.BEU Standard Form: RCE.v3 within the justice system.

2.3 Improve public

communication strategies, capabilities, skills, and tools of core justice institutions and service providers for the proactive engagement of media, civil society and civic groups, and the public at large on the mandates and work of their institutions, the services they provide, and how core justice institutions and service providers can be engaged to address local needs and public priorities at the community level.

2.4 Improve the

development and use of two-way feedback and monitoring mechanisms that link between core justice institutions and service providers with civil society, civic groups, and citizens to collaborate more effectively addressing public priorities in areas of justice, rights and security.

EE.BEU Standard Form: RCE.v3

2.5 Ensure that the

national level institutions and actors responsible for justice services where they impact community-level service delivery are effectively engaged.

OBJECTIVE 3:

Effective innovations in the justice sector developed:

3.1 Provide

effective justice system innovations that put people ‘s needs and problems at the forefront.

3.2 Generate new

ideas and introduce innovation in the justice sector to facilitate effective collaboration between justice institutions and service providers, judicial support organizations, civil

FY20

FY25

Kosovo wide N/A

The activity may look for opportunities for any adaptive legislative process

Low

May include considerations during discussions

For identifying needs and priorities in areas of justice, rights, and security.

Collect data on environment-climate risk related drivers during legal processes, if present

Project will work with the different groups of interest in

Kosovo to have more responsive

EE.BEU Standard Form: RCE.v3 society actors and academia, and the entrepreneurship community.

3.3 Ensure

innovation is properly contextualized and looks at the scalability and sustainability of the innovation.

3.4 Emphasize the

development of innovative approaches and solutions that improve the quality of justice of cases that go to the courts, increase people’s ability to understand the law and navigate the justice system, address unmet legal needs, and improve transparency and accountability.