Addendum 8_ Independent and Effective Justice System Activity signed.pdf

United States Agency for International Development (USAID) El Salvador and Central

America Regional Mission (ECAM) Annual Program Statement (APS) No. 72051921APS00001 - Addendum 8

Issuance Date: October 4, 2022 Deadline for Questions: October 18, 2022, at 12:00 noon (El Salvador time) Closing Date of APS: April 19, 2023 Concept Paper Submission Closing Dates:

First Round: November 8, 2022, at 12:00 noon (El Salvador time) Second Round: To be determined

Subject: United States Agency for International Development (USAID) El Salvador and

Central America Regional Mission (ECAM) Annual Program Statement (APS) No. 72051921APS00001

Program Title: Independent and Effective Justice System Activity - Addendum 8

Catalog of Federal Domestic Assistance: 98.001, Foreign Assistance for Programs Overseas

Pursuant to the Foreign Assistance Act of 1961, as amended, the United States Government, as represented by the U.S. Agency for International Development (USAID), USAID El Salvador, is announcing the Independent and Effective Justice System Activity Addendum to the USAID El Salvador Annual Program Statement (APS), hereafter known as the USAID El Salvador APS.

Through this Independent and Effective Justice System Addendum, USAID El Salvador aims to expand and amplify the Agency’s work in DO.1 Security Increased for Likely Migrants. This Addendum disseminates information to prospective Applicants so they may develop and submit Concept Papers in response and ultimately to be considered for USAID El Salvador funding. This Addendum describes and provides:

● The type of activities for which Concept Papers will be considered;

● Available funding, process and requirements for submitting Concept Papers and Full

Applications;

● The Criteria for evaluating Concept Papers; and

● Refers prospective Applicants to relevant documentation and resources.

Issuance of this Addendum does not constitute an award or commitment on the part of the U.S.

Government to make an award, nor does it commit the U.S. Government to pay for costs incurred in the preparation and submission of a Concept Paper or Application(s). The actual number of assistance awards, if any, is subject to the availability of funds, as well as the viability of eventual full Applications received.

Based on the submitted Concept Paper(s), USAID El Salvador will determine whether to request a Full Application from an eligible organization. To be competitive under this Addendum to the USAID El Salvador APS, Concept Papers and Full Applications must be fully responsive to all directions under the APS except when specifically noted otherwise in this Addendum.

https://www.usaid.gov/

It is the responsibility of the Applicant to ensure that the entire USAID El Salvador APS and Addendum opportunity has been downloaded from www.grants.gov and USAID El Salvador bears no responsibility for data errors resulting from transmission or conversion process. If you have difficulty accessing the APS, please contact the grants.gov Helpdesk at 1-800-518-4726 or via email at support@grants.gov for technical assistance.

Thank you for your interest in USAID El Salvador programs.

Sincerely, Nathan Cutler Agreement Officer Regional Office of Acquisition and Assistance USAID El Salvador mailto:support@grants.gov

U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

ANNOUNCEMENT

CALL FOR CONCEPT PAPERS

Independent and Effective Justice System Activity

Addendum 8

UNDER EXISTING

USAID El Salvador and Central America Regional Mission (ECAM) Annual Program Statement (APS)

No.: 72051921APS00001

PLEASE NOTE: This is an Addendum to an existing announcement. All interested organizations should carefully review both this Independent and Effective Justice System Activity Addendum AND the full announcement, which can be found here:

https://www.grants.gov/web/grants/view-opportunity.html?oppId=332969. Important information contained in the full worldwide announcement is not repeated in the Independent and Effective Justice System Activity Addendum.

This activity is authorized in accordance with Part 1 of the Foreign Assistance Act of 1961, as amended.

Through the Independent and Effective Justice System Addendum to the USAID El Salvador APS No.72051921APS00001, USAID El Salvador seeks to improve the independence, integrity, capacity, and oversight of the criminal justice system, as a necessary foundation to solve crimes that gravely affect citizens and to avoid criminalization of political opposition and dissent.

Subject to the availability of funds, USAID El Salvador anticipates investing approximately $35,000,000 in this area and supporting one or multiple awards. USAID El Salvador is not obligated to make any awards.

Unless otherwise stated herein, all terms and conditions of the USAID El Salvador APS* apply (https://www.grants.gov/web/grants/view-opportunity.html?oppId=332969).

* Please ensure that you review the original APS plus its amendments, as Amendment No. 4 includes several revisions to the original content.

https://www.grants.gov/web/grants/view-opportunity.html?oppId=332969 https://www.grants.gov/web/grants/view-opportunity.html?oppId=332969

TABLE OF CONTENTS

LIST OF ACRONYMS 5

SECTION A: PROGRAM DESCRIPTION 5

SECTION B: FEDERAL AWARD INFORMATION 22

SECTION C: ELIGIBILITY INFORMATION 25

SECTION D: APPLICATION AND SUBMISSION INFORMATION 28

SECTION E: APPLICATION REVIEW INFORMATION 30

SECTION F: FEDERAL AWARD AND ADMINISTRATION INFORMATION 33

SECTION G: FEDERAL AWARDING AGENCY CONTACT(S) 35

SECTION H: OTHER INFORMATION 36

Attachment 1 - Mandatory Concept Paper Template 37

Attachment 2 - Eligibility Certification Form 39

LIST OF ACRONYMS

ADS: Automated Directives Systems AO: Agreement Officer AOR: Agreement Officer’s Representative APS: Annual Program Statement CDCS: Country Development Cooperation Strategy CFR: Code of Federal Regulations CLA: Collaborating, learning and adapting CNJ: Judicial Council COR: Contracting Officer’s Representative CSO: Civil Society Organization DO: Development Objective DOC: Development Outreach and Communications FAA: Foreign Assistance Act GBV: Gender-Based Violence GOES: Government of El Salvador INL: International Narcotics and Law Enforcement Affairs LEP: Locally Established Partner NPI: New Partnerships Initiative PGR: Public Defender’s Office PNC: National Civil Police RCS: Root Causes Strategy RFA: Request for Application(s) TEG: Government Ethics Tribunal USG: United States Government IR: Intermediary Result

SECTION A: PROGRAM DESCRIPTION

USAID El Salvador is issuing this Addendum to the USAID El Salvador and Central America Regional Mission (ECAM) Annual Program Statement (APS) pursuant to the Foreign Assistance Act (FAA) of 1961, as amended. Any potential resulting award(s) will be subject to 2 CFR 700 and 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and USAID’s Standard Provisions for U.S. and Non-U.S Based organizations per ADS 303.

1. Background El Salvador's justice system has confronted a series of challenges that threaten the country's stability, demoralize its citizens, and jeopardize their lives and well-being. These challenges include: 1) high levels of violent crime which at times subside but remain at epidemic levels; 2) high levels of impunity, caused in part by criminal investigative agencies struggling to process a huge workload with limited resources; 3) lack of formal coordination mechanisms to address bottlenecks in the investigation and adjudication of cases; 4) lack of a formal system and mechanisms to engage citizens in monitoring the criminal justice system; 5) distrust of the criminal justice agencies among victims, which leads them to extreme solutions such as fleeing their homes to other parts of the country or migrating irregularly, due to fear of further victimization or reprisals for reporting a crime.

The justice system plays a critical role in addressing these challenges. In recent decades it has been better able to investigate, prosecute, and adjudicate serious crimes and provide critical services where needed. For example, the justice system now provides specialized services to victims of gender-based violence. With State Department’s Bureau of International Narcotics and Law Enforcement Affairs (INL) assistance, the National Civil Police (PNC) acquired a new forensic lab to support investigations with scientific evidence. The Public Defender’s Office has taken responsibility for assisting victims of forced displacement and referring them to support services. Furthermore, the Attorney General has a by-law that provides a career track for prosecutors, though this has yet to be implemented. Ongoing efforts to address these challenges and build upon improvements, however, are now jeopardized by the prospect of a sudden and dramatic politicization of the justice system that threatens to undermine fundamental notions of the rule of law.

The Legislative Assembly plays a critical role in the election of the Attorney General, Supreme Court Magistrates, the Public Defender, and other judicial actors. In the most recent elections, the governing party and its coalition obtained 61 seats in the Legislative Assembly, enabling them to pass legislation with a simple majority and to appoint heads of key justice sector agencies without the consensus of any other party. Historically, no single party or coalition controlled the legislative majority necessary to name officials without the consent of other parties. This helped promote a de facto system of checks-and-balances, which in turn helped ensure the independence of these key officials which hold an oversight role over the executive branch. The current political composition of the Legislative Assembly, dominated by the President’s party, is unprecedented since El Salvador signed its Peace Accords in 1992.

An example of the consequences of losing these de facto checks and balances happened on May 1, 2021, the day the new Assembly took office. The Assembly unconstitutionally removed the entire Constitutional Chamber as well as the Attorney General, whose terms had not expired. As a result of these actions, USAID announced a suspension of funding to the affected justice sector institutions: the Supreme Court, the Attorney General, and the PNC.

2. Objectives/Purpose/Development Results

Major issues to address:

Due to the serious challenges posed by this context, the new Independent and Effective Justice activity will focus on addressing impunity and politicization by promoting the independence, integrity, capacity, and oversight of the criminal justice system. Specifically, additional checks and balances will be put in place to avoid further backsliding in the rule of law. In addition, the activity will focus on improving the performance of the criminal justice system in solving serious crimes through a new emphasis centered around victims, and on the justice and security needs of individuals and communities. Finally, the capacity of the public to monitor and hold the criminal justice sector accountable will be strengthened. The independence of the system and a people-centered approach will be the basis for improvements in the prosecution and adjudication of grave crimes.

Development Hypothesis

If civil society formally engages in monitoring the criminal justice system and agencies that are part of this system adopt new strategies centered around the victim, the independence of the justice system will be protected from further backsliding and rates of resolution of crimes will improve.

CDCS Alignment and Results to be Achieved

Results Framework Link

North Star(s) Activity Outcomes/Outputs*

DO1 Security Increased for Likely Migrants

World Justice Project: Rule of Law Index (Criminal Justice Factor1) -- Improve El Salvador’s score

El Salvador´s sub-rankings:

Factor 8.1: Criminal Investigation is effective Measures whether perpetrators of crimes are effectively apprehended and charged.

Rule of Law Index Ranking 127/128

8.2 Criminal Adjudication

System is timely and effective Measures whether perpetrators of crimes are effectively prosecuted and punished. It also measures whether criminal judges and other judicial officers are competent and produce speedy decisions.

116/118

Expected results

● Reduce impunity rates by 20 percent for grave crimes in selected localities via improvements in the performance of the criminal justice system.

● Systems established in selected Justice Agencies to transit to a people-centered approach in crimes such as extortions, rape, robbery and forced disappearances.

● Formal engagement of civil society in effectively monitoring the performance of the criminal justice system.

● Safeguards in place to ensure the impartiality and integrity of the justice system.

Illustrative Indicators:

● DR 1.3-1 Number of judicial personnel trained with USG assistance (Standard Indicator).

IR 1.3: Impunity reduced through improved justice sector capacity Sub-IR 1.3.1 Access and deliverable of justice services improved

Sub-IR 1.3.2 Civil society capacity enhanced to monitor and advocated for improved justice outcomes

Sub-IR 1.3.3 Victim's assistance services enhanced

1 “The Criminal Justice factor evaluates a country's criminal justice system. An effective criminal justice system is a key aspect of the rule of law, as it constitutes the conventional mechanism to redress grievances and bring action against individuals for offenses against society.¨ 0-1, higher is stronger rule of law (Source:

World Justice Project)."

8.4 Criminal System is

impartial Measures whether the police and criminal judges are impartial and whether they discriminate in practice based on socio-economic status, gender, ethnicity, religion, national origin, sexual orientation, or gender identity

Rule of Law Index Ranking 109/128

Factor 8.6- Criminal System is free of improper Government Influence. Measures whether the Criminal Justice System is independent from Government or political influence.

Rule of Law Index Ranking 65/128

Factor 8.7 Due process of Law and Rights of the accused Ranking

Measures whether the basic rights of criminal suspects are respected, including the presumption of innocence and the freedom from arbitrary arrest and unreasonable pre-trial detention

106/128

● DR 4.2-2 Number of civil society organizations (CSOs) receiving USG assistance engaged in advocacy interventions (Standard Indicator).

● Percentage change in the rate of homicide case resolution in USG supported justice institutions

● Number of Joint protocols for victim's assistance services created and implemented.

● Number of locations providing victims assistance services established with USG assistance.

*Illustrative performance indicators at the activity level, proposed activities will establish their own performance indicators.

Expected results:

The primary goal of this activity will be to improve the independence, integrity, capacity, and oversight of the criminal justice system, as a necessary foundation to solve crimes that gravely affect citizens and to avoid criminalization of political opposition and dissent. The main expected results are:

1. Reducing impunity rates for grave violent crimes in selected geographic focus localities (as outlined below) via improvements in performance of the criminal justice system.

2. Safeguards in place to ensure the impartiality and integrity of the justice system.

3. Systems established in selected justice agencies to transit to a people-centered approach in crimes such as common-type extortions, rape, injuries, robbery, forced disappearances, and forced displacement.

4. Establish mechanisms to formalize civil society engagement in effectively monitoring the performance of the criminal justice system.

In addition, at a higher level this activity will contribute to the following outcome:

- Increase the Rule of Law/Criminal Justice Index in selected sub-factors for El Salvador.

Key Stakeholder(s) and Counterparts

1. Government agencies: Judicial Council (CNJ), Public Defender´s Office (PGR), Criminal Courts, Government Ethics Tribunal (TEG), Technical Unit of the Justice Sector, and other GOES agencies with oversight functions.

2. Independent Judges and Judges Associations.

3. Civil society organizations that work in rule of law, as well as CSOs that represent vulnerable groups, specifically those affected by problems with due process or discrimination by the criminal justice system, universities and think tanks.

3. Programmatic/Demographic/Geographic Focus

Demographic Focus - Beneficiaries Beneficiaries: Selected justice sector agencies, municipalities, victims of crimes, vulnerable and marginalized groups such as women and youth that are victims of gang violence or victims of forced displacement.

Geographic Focus This activity will be implemented in USAID’s identified urban hubs: San Salvador, Santa Ana, and San Miguel. Universities, think tanks, and selected justice sector agencies in these three areas will be involved in this activity. The activity may work in additional locations outside the urban hubs if opportunities are identified to engage with selected independent judges.

Interventions

a) Independence and impartiality of Justice Institutions and Actors strengthened.

This component will seek to promote independence and impartiality in the criminal justice system, to protect it from politicization. Special attention will be given to promoting the role of the Public Defender’s Office and the “Juez de Instruccion” in defending due process in criminal cases. Efforts will be made to establish criteria by which criminal evidence is evaluated in the courts. This will promote fairness and equal treatment to defendants accused of similar crimes. It will also promote impartiality amongst judges when they decide cases.

Primary objectives will include:

● Strengthen disciplinary units to improve accountability of judges and attorneys who intervene in cases and to avoid bias, undue influences, and corruption in the investigation and adjudication of cases;

● Establish units at the Ombudsman’s Offices and Government Ethics Tribunal to detect and investigate politically motivated crimes;

● Strengthen the quality and accessibility of public defense for victims of crime, including the ability to present well-documented evidence to defend persons wrongly accused of crimes and to uphold the principle of due process of law;

● Create and train teams of specialized investigators at the Public Defender’s Office that can collect evidence to support their legal defense strategies and present petitions to the international human rights system, as well as constitutional petitions such as habeas corpus; and

● Support the establishment of standardized or approved criteria to evaluate criminal evidence for judges who work on this area.

b) Prosecution and Adjudication of Serious Crimes Strengthened in Major Urban Areas.

El Salvador is a country ridden with high levels of crime and violence. Periods of relative tranquility are followed by others with high rates of violence and serious crime that affect the most vulnerable citizens. This component will ensure that the criminal justice system responds to the needs of citizens by devoting its human and material resources to addressing those serious crimes that particularly impact the Salvadoran population such as common extortions, robbery, rape, injuries, homicides, forced disappearances, forced displacement and crimes related to trafficking in persons included in the criminal code such as: “Limitations to Personal Freedom” and “Inducing Persons to Prostitution”. In doing so, the activity will help incorporate a people-centered approach that reforms justice institutions, actors, and processes to be more data-driven, user-friendly, and problem-focused in responding to and preventing crime and ensuring the security of individual citizens and their communities, and promote access to justice, trust in the institutions, and positive perception of services. The people-centered approach will seek to address the specific needs of victims, particularly vulnerable and marginalized groups such as women, girls, children, and LGBTQI+ persons in cases of rape, forced disappearance, trafficking in persons, or in cases of forced displacement. Improvements in the quality of attention to victims will be measured through surveys of users' experience. This component will be developed with government institutions such as the Judicial Council and its training school;

judges from different localities, the Public Defender’s Office, the Technical Unit of the Justice System, and CSOs that work closely with and support the criminal justice system, such as academic institutions. Interventions will also strive to promote efficiency and improved performance in the investigative phase of crimes, which is the weakest link in the procedural chain, given that just 30 percent of serious crimes, such as homicides, reach the judicial phase, according to studies done by the UNDP. Under this component, the activity will pursue the following objectives:

● Establish mechanisms at the local level to promote better coordination between justice sector agencies to solve bottlenecks in the investigation and adjudication of cases;

● Promote impartiality and efficiency in the investigation of a criminal case by enforcing measures such as requiring reports of types of cases received by the Prosecutor’s Office and percentage sent to the judiciary;

● Establish victim’s assistance services for victims of serious crimes and their families.

Special attention will be provided to the needs of victims from vulnerable groups such as women and girls, persons with disabilities, LGBTQI+ individuals, indigenous peoples, and illiterate persons. These services will provide them with legal and psychosocial support to ensure their collaboration with the process, to obtain redress, and to reduce impunity levels;

● Strengthen awareness, understanding, and implementation of due process, procedural justice norms, and practices for all actors in the criminal justice area; and

● Strengthen the role of the “Juez de Instruccion” to comply with their mandate of overseeing the investigation phase of a case and ensure that due process guarantees are met.

c) Public/citizen engagement and oversight of criminal justice institutions strengthened.

Civil society can play an important role in strengthening the justice system. In the past, lacking systemic mechanisms for providing oversight, civil society sporadically engaged the international human rights system to examine issues related to judicial independence. There continue to be limited mechanisms for civil society to provide citizen oversight of the justice system and the institutions, actors, and processes that comprise it. One important opportunity is the election of members of the Judicial Council, in which universities propose candidates to the Legislative Assembly for a position on the Council, which trains and evaluates judges. Through this component, in close collaboration with complementary USAID activities, the activity will support formal engagement of civil society by strengthening CSOs, bar associations, and academic institutions to establish safeguards in the criminal justice system and advocate for greater openness and accountability to advance the following objectives:

● Promote and protect judicial independence by establishing NGO coalitions, including university consortiums, to advocate and act on behalf of the interests of the judiciary and in support of effective separation of powers and checks and balances;

● Establish CSO watchdog committees in major metropolitan areas that analyze trends in investigations by police and prosecutors with information provided by the Observatories and Ombudsman's offices, and that provide recommendations to the relevant institutions;

● Facilitate court user committees and other mechanisms for citizen oversight and social accountability of justice institutions and actors;

● Involve academia, bar associations, and free press associations to provide legal advice and representation to citizens who are wrongly accused of crimes or accused for political reasons. Special attention will be provided to victims from vulnerable and marginalized groups; and

● Support open justice and public engagement efforts such as public, transparent televised nomination processes and hearing.

4. Guiding Principles

The following guidance is meant to help applicants prepare their concept papers, as it is expected that they consider these three areas. These specific examples are not strict requirements but can be useful during the drafting phase.

Local Champions Local champions for this activity may include independent justice institutions such as the Judicial Council, which trains and evaluates judges and proposes professionals to the Supreme Court for career judgeships. A second champion institution may be the Public Defender’s office, which is responsible for defending the rights of persons accused of crimes (defendants) and can be strengthened to protect due process of law. The Public Defender's Office has ongoing activities that coincide with the activity objectives, such as victims’ assistance services for displaced persons and services to provide private attorneys advice on how to defend due process of law.

The “Juez de Instruccion” can play a key role in guaranteeing due process during the investigation of a case. This is especially necessary in light of emerging trends on criminalizing dissent. Other important allies may include independent judges from different judicial agencies that are willing to support the activity objectives and to collaborate in strengthening the independence of the criminal justice system.

Finally, an important local champion from civil society can be the Consorcio de Instituciones de Educación Superior para el Crecimiento Económico (CIESCE). This Consortium of private universities was created with the support of a previous USAID activity and continues to work to pursue common academic goals. They have demonstrated an interest in participating in oversight of the criminal justice system and in providing legal services to victims of crimes or of persons wrongly accused of a crime, through their existing legal clinics.

Private Sector Organizations representing the private sector can play a role in defending the rights of their members when wrongly accused of crimes. In the past, ANEP has collaborated with justice sector actors by paying fees for lawyers who represented victims in kidnapping cases. The Asociación de Periodistas de El Salvador (APES), which represents the press, has already expressed its interest in collaborating with the activity to establish a legal clinic to protect journalists harassed by the government.

Self-Reliance Self-Reliance will be increased by preparing civil society to take an active role in defending weak justice sector institutions. By incorporating academia (including existing university consortia), CSOs and even the private sector in efforts for defending rights and monitoring the criminal justice system, the justice system will perform better, and judges will have adequate evidence and backing to resolve cases according to laws and principles of due process.

Likewise, the activity may include a subgrant component to encourage civil society to play a stronger role in defending the independence of the justice system. Such an approach would promote local capacities to carry out this role in the future.

5. USAID/USG Alignment

A government that respects the rights of citizens, that tolerates dissent, and that has an impartial and effective criminal justice system is less likely to be a source of irregular migration. The greatest waves of migration from El Salvador and neighboring countries have been produced by authoritarian governments who persecute and harrass all opposition.

This activity will contribute to the achievement of IR 1.3 of the Mission’s CDCS: “Impunity reduced through improved justice sector capacity,” by improving the independence and integrity, capacity, and oversight of the criminal justice system, as a necessary foundation for solving crimes that gravely affect citizens, as well as to avoid the politicization and criminalization of political opposition and dissent. When the law is enforced and criminals are held accountable, real and perceived security increases, changing an important factor in a citizen’s decision to migrate.

Likewise, the activity will contribute to the Root Causes Strategy (RCS), which has an end goal of a democratic, prosperous, and secure Central America, where people advance economically, live, work, and learn in safety and dignity, contribute to and benefit from the democratic process, have confidence in public institutions, and enjoy opportunities to create futures for themselves and their families at home. More specifically, this activity falls under Pillar II “Combating corruption, strengthening democratic governance, and advancing the rule of law.”

6. Complementarity with USAID Rule of Law Policies

The program description follows the guidelines of two important Rule of Law (ROL) Policies.

USAID expects potential recipients to use them in developing their concepts and any future applications:

● (Draft) Rule of Law Policy. This activity is in line with USAID’s new draft ROL Policy.

Its main purpose is to promote a fair and independent justice system, so that the law is applied effectively, especially for violent crimes, while improving services to victims. It also seeks to promote accountable institutions and checks and balances through the incorporation of civil society as a watchdog and strengthen the existing mechanisms for judicial independence. As stated in the draft Policy, USAID prioritizes “[p]romoting justice by ensuring the independent, open, and efficient administration of justice;

guaranteeing the impartial and effective application of the law; improving justice seeker experiences and outcomes; strengthening effective checks and balances; and deterring crime, corruption, and abuse of fundamental rights by prioritizing accountability within and among government institutions and private actors.” (p. 6) The new draft Policy shifts its overall strategy from an emphasis on institutions to the rights of individuals through a people-centered approach. USAID expects this activity to be implemented according to a people-centered approach, especially in interventions implemented under component 2 of the program description.

● USAID ROL Practitioner’s Guide. As recommended by this guide, the program description is focused on a systems approach as opposed to providing support to a particular institution, stating that “ROL programs involve multiple systems, institutions, actors, and processes connected across significant policy and regulatory issues central to governance.” (p. 14) USAID expects that any changes made to incorporate a people-https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf https://pages.usaid.gov/system/files/usaid-rol-policy-draft.pdf https://www.usaid.gov/sites/default/files/documents/USAID-Rule-of-Law-Practitioners-Guide-July-2020.pdf centered approach in judicial systems must also incorporate a systemic approach to be able to effectively institutionalize new procedures. Another important tool described in the guide is political economy analysis (PEA). (pp. 18-21) Given the highly politicized environment in which this activity will be implemented, USAID will suggest that successful applicants conduct a PEA of the specific sector or problem they plan to address at the onset of implementation; as well as the “HiiL Justice Needs and Satisfaction Survey” or a similar tool to measure justice from the perspective of citizens.

7. Coordination and Complementarity

This activity will work with the criminal justice system and will concentrate on judicial independence and on solving several types of violent crimes contained in the criminal code not subject to any specialized jurisdiction, with the exception of the simple type of extortion which is regulated by a special law but subject to common courts. In that sense, it will complement the efforts of the Gender-Based Violence (GBV) activity, which will work on aspects of prevention and protection of GBV victims and with specialized courts and crimes established by the Specialized Law for a Life Free of Violence (LEIV). With regards to the investigation and adjudication of criminal cases the Justice activity will work with common GBV crimes, such as rape, which are not included in this specialized law. The two activities will reduce impunity in GBV by covering complementary aspects of GBV. The A/CORs of these activities will collaborate to ensure complementarity in the crimes addressed and to avoid overlap in jurisdictions in which the activities work.

With regards to the Crime and Violence Prevention activity, which is currently under procurement, there will be a clear distinction since the activities will concentrate efforts on different aspects or phases of a criminal process. The Crime and Violence Prevention activity will work on preventing violence before a crime has occurred, and on rehabilitating aggressors after they have completed a court sentence. The Justice activity will concentrate its interventions on the period between the commission of a crime and the issuance of a final resolution by a judge. Thus, the activities will complement each other by covering the full range of interventions: prevention, investigation/prosecution, adjudication, and rehabilitation.

Finally, with regards to the new Citizens Empowered activity, both activities will target civil society to deter further backsliding in democracy. However, the Justice activity will target civil society for the specific purpose of improving the performance of the criminal justice sector, to defend its independence and to prevent it from being used as a tool to repress dissent. Citizens Empowered will work on a different set of problems, such as freedom of speech and press, as well as opening spaces for civil society to work on the accountability of government and public officials.

USAID expects the recipient to coordinate with the activities mentioned above, and with other USAID activities as appropriate, to complement and maximize efforts in the areas of justice and security, civil society engagement, and reducing impunity in specific crimes such as rape, injuries, and other violent types of GBV.

https://www.hiil.org/what-we-do/measuring-justice/

8. Special Considerations

This activity will concentrate on three important and interrelated aspects of criminal justice: 1) the independence of the judicial system and protection from undue interference from the Executive Branch; 2) strengthening due process of law and avoiding politicization of the criminal justice system that results in persecution of dissenters; and 3) improved efficiency of the criminal justice system in processing violent crimes that affect the population the most.

Making significant progress on institutionalizing due process of law, adequate investigation and resolution of crimes, and adaptations to systems and practices to better serve victims requires the participation of justice sector institutions. However, USAID is currently restricted from working with several relevant government agencies, namely the PNC, the Supreme Court, and the Attorney General's Office.

Nevertheless, the Mission has determined that the activity can still reach its identified results by working with other government agencies in the justice sector and with civil society organizations. For example, the Judicial Council, including its training school, is an independent government institution that can train judges and other justice sector officials on the new people-centered approach. The activity can also work with criminal justice judges, and with Courts of “Instrucción” and Sentence, to incorporate this approach into their practices. Through adequate training and tools like the “Juez de Instrucción” (widely considered an impartial actor in the judicial process) can improve the investigation phase of a criminal case, and its compliance with the due process of law principles. USAID believes that training judges in the identified urban hubs on a people-centered approach to criminal court proceedings can incentivize greater use of this approach throughout the judicial system by establishing best practices and greater satisfaction with court proceedings and verdicts.

The Public Defender’s Office is also positioned to play a key role in promoting principles of due process, judicial independence, and presumption of innocence. A strong defense is key to establishing the facts in any criminal case. In cases where a person is wrongly accused of a crime, a strong defense can help identify the actual perpetrator, or even whether or not a criminal violation has actually been committed. A strong public defense system can help redirect judicial resources away from conducting proceedings against defendants who have been wrongly or falsely accused, saving those resources to investigate the crimes which most affect the Salvadoran population.

9. Adaptive and Flexible Approach in a likely evolving Country Context

Applicant’s proposed technical approach should be flexible to provide support for unanticipated needs and initiate support in new contexts or with new local partners as needs arise. Applicants should consider structured ‘Pause and Reflect’ discussions with USAID to revisit assumptions, review progress, and make course corrections, if necessary, to strengthen programmatic response and promote sustainability. This includes engaging periodic check-ins, between relevant stakeholders including USAID, prior to submitting work plans to discuss progress as well as changes in context that may impact implementation. Therefore, work plans under the resulting award(s) will be viewed as living documents that will be revised as necessary in consultation with USAID.

USAID recognizes the importance of thinking critically and when required, shifting strategic decisions to respond to emerging development challenges. Applicants are expected to incorporate and maintain flexibility and adaptability in their proposed activities to ensure responsiveness to evolving local and contextual dynamics, including responding to a change in interactions with Government contacts, to take advantage of opportunities and to mitigate challenges for successful activity implementation. Interventions may require an adaptive technical approach that regularly reassesses and re-evaluates the operating environment where the activity works and adjusts program planning, and implementation as necessary.

Applicants are expected to provide ideas for program modifier categories as deemed appropriate for their proposed activity. It entails the ability to adapt the technical approach to better achieve the results of the activity. Applicants should employ a management approach that is proactive in identifying and taking advantage of programmatic opportunities. This requires a high degree of flexibility and willingness to adjust the activity’s technical approach to incorporate new, innovative interventions. Unforeseen opportunities or exigencies may entail implementing interventions in other programmatic spheres under the broad mantle of the Independent and Effective Justice System Activity. Program modifiers will be reviewed and approved by USAID as part of work plan discussions.

10. Cross-cutting principles

Proposed interventions under this Activity should incorporate the following guiding principles and U.S. policies.

New Partnerships Initiative (NPI) and Localization USAID strongly encourages local and locally-established organizations to submit concept papers. International applicants that form alliances with local partners to the greatest extent possible, including management plans that identify a local partner responsible for an objective(s) of the activity will also be favorably evaluated. Capacity assessments and the strengthening of local organizations should be a component when necessary. If a local organization is unable to technically respond to the entire activity, they are encouraged to submit a concept paper to achieve an objective of the activity or pursue an alliance with an international organization.

The overarching goal of the NPI is to empower new and underutilized partners, many of which are local and locally established organizations, to solve problems not adequately addressed by other USAID investments and that directly respond to the development objectives of the USAID Mission. NPI will increase USAID’s programmatic impact, based on more collaborative and adaptive partnerships, and improve measurable outcomes at the country level through the following:

1. Leveraging private development assistance to respond to the Administration’s priorities and strengthen the long-term, sustainable development of partners;

2. Equipping and empowering new and underutilized development partners to maximize the impact of American tax dollars;

3. Supporting solutions to near- and long-term U.S. government priorities that will advance the strategic USG objectives and foreign assistance aims;

4. Identifying development solutions that will be country- and partner-driven for maximum long-term impact; and

5. Creating incentives for expanding and diversifying USAID’s partner base so that we help to equip and fund more local and locally established partners to support country-level progress.

In terms of Localization, USAID is committed to shifting more leadership, ownership, decision making, and implementation to the local people and institutions because it is their capability, connectedness, and credibility that drives change in their own countries and communities to face local challenges. It is their understanding of the unique consequences, power dynamics, impacts, and complexities that will offer better potential solutions for their communities. This means that equitable, inclusive and sustainable responses to these challenges must be built upon the priorities, knowledge, experiences, aspirations, and expertise of the people who live them every day. As such, the applicants must take into consideration this important element when proposing development solutions and ideas where local partners are leading and implementing solutions to address the challenges in the countries where they reside. Furthermore, in the event that local partners are not the prime applicants, the applicant must ensure that Localization efforts are at the forefront of the activities and approaches for the developmental solutions proposed.

Please refer to Section A.4 and Section C.2 of the USAID El Salvador APS and Section C of this Addendum for further information on NPI.

Private Sector Engagement USAID is undertaking a major cultural and operational transformation to expand its engagement with the private sector to achieve outcomes of shared interest and shared value. The Private Sector Engagement Policy is an Agency-wide call to action and a mandate to work hand-in-hand with the private sector to design and deliver our development and humanitarian programs across all sectors. It also seeks to harness the resources of the private sector in conjunction with USAID funding. This policy signals an intentional shift to pursue market-based approaches and investment as a means to accelerate countries’ progress of sustainable development.

Effective development work requires vibrant private sector actors in both donor and host countries. Private sector engagement and enterprise-driven development are fundamental to the goal of ending the need for foreign assistance and empowering partner countries and communities in becoming more self-sufficient and are at the core of how the United States approaches development. Many of the Mission’s long-standing partners have played an important role in connecting development activities with private sector actors. To expand and diversify partners, this addendum will view favorably a concept paper that identifies opportunities to collaborate with the private sector to obtain greater benefits from the private sector’s creative thinking and market-based and enterprise-driven solutions.

USAID El Salvador will actively seek to strengthen and expand alliances with the private sector to achieve the development objectives outlined in the CDCS and align with the strategic objectives of the RCS.

To encourage private sector engagement, USAID El Salvador will engage and explore partners and possibilities broadly. The private sector, USAID, and other organizations may engage one another to understand their respective interests and objectives, identify and define issues and opportunities that might warrant collaboration, explore how their respective expertise, resources and capabilities might provide opportunities to effectively address those issues and opportunities through market-based approaches, and begin formulating potential activities and approaches.

Based on these collaborative discussions, prospective partners may decide whether or not to continue in the development and submission of a concept paper. Should a private sector organization or other prospective partner choose to submit a concept paper, the application process detailed in Section D (Application and Submission Information) must be followed.

Sustainable Development Sustainable development entails a capacity to plan, finance, and implement solutions to local development challenges and a commitment to see these through effectively, inclusively, with accountability, and ensuring that the use of resources by one generation does not curtail the availability of such resources to the following generations. These solutions take many forms, from expanding access to finance for small businesses to ensuring more transparency from public officials, etc. Therefore, the focus of program interventions will be on providing opportunities to and developing the capacities of Salvadoran or regional local NGOs, Civil Society, businesses, foundations, faith-based organizations, experts, etc. to the greatest extent possible.

To address the long-term sustainability of programming, USAID El Salvador will look for applicants that will propose activities that advance sustainable development, especially financing sustainable development, promoting private enterprise-driven development with private sector engagement, redefining partnerships that lead to autonomy rather than dependency, and strengthening partners’ resiliency as their capacity to weather and recover from natural and manmade events. USAID El Salvador will focus on building sustainable development, particularly in areas that have the greatest impact on reducing irregular migration. This includes building the capacity of key institutions so that they can better serve the people of El Salvador, and deepening partnerships with the private sector and civil society entities in ways that enhance their sustainable development so that they champion and carry out future development efforts with reduced, and ultimately, no USAID assistance. In order to accomplish this objective, USAID El Salvador will seek out innovative approaches in partnership with the government, local institutions, and NGOs, and enable local capacity to replicate and scale up.

Collaborating, learning and adapting (CLA) Applicants are expected to contribute to USAID El Salvador’s commitment to a multifaceted collaborating, learning and adapting (CLA) approach to development. The CLA approach is based on the understanding that development efforts yield more effective results if they are coordinated and collaborative; test promising, new approaches in a continuous yet also rapid targeted search for generating improvements and efficiencies; and build on what works and eliminate what does not. It is also understood that CLA takes into account programmatic learning and shifts generated by the activity (outward-generating) as well as those adopted by the activity from external learning sources. USAID also anticipates that a strong focus on adaptive management techniques, as expressed through behavioral science approaches, staffing skills, structure and culture, business processes, and stakeholder engagement, will be particularly important in the implementation of the proposed activity in order to track and adjust to the opportunities to operationally integrate with other activities working in related efforts. Thus, USAID anticipates a CLA approach that tailors CLA to the needs and opportunities of the proposed activities, while leaving open options for future evolution in its interpretation and application.

• Collaborating: Recipient(s) will be required to engage in active collaboration with other key in-country partners, including other USG partners and other donors, etc. to avoid duplication of efforts, find synergies, share knowledge around assessments, emerging research, best practices, lessons learned, and evaluations, and jointly develop action plans for integrating learning resulting from these activities into improved program implementation. By collaborating with other stakeholders, the assistance provided in the migration hubs is expected to have a greater impact and achieve more results thus benefiting more people and communities in El Salvador.

Applicants are required to propose approaches to collaboration that demonstrate efficient and strategic coordination of activities. Further, the Recipient(s) will be expected to anticipate inter-activity management challenges and opportunities and advise AORs and CORs and the Mission’s Regional Office of Acquisition and Assistance (ROAA) on leveraging potential synergies, taking advantage of opportunities, and resolving challenges.

• Learning: Recipient(s) will be required to hold annual learning summits to identify promising practices, including behavioral science approaches, work collaboratively to overcome…