Attachment J.4 Request for Categorical Exclusion RCE.pdf

US Agency for International Development (USAID) Democracy and Governance Office

Request for Categorical Exclusion (RCE)

Program/Project/Activity Data Activity/Project Name: Rule of Law System Strengthening Activity Assistance Objective: Governing Justly and Democratically Program Area: Rule of Law, Democracy and Governance Country(ies) and/or Operating Unit: Kosovo/Europe and Eurasia

Originating Office: Democracy and Governance Office Date: September 27, 2024

Original RCE LOP Start Date: August 2025 IEE/RCE History n/a LOP End Date: 2030 Contract/Award Number (if known): TBD Sector Type(s) from the ECD Advanced Search Tab (https://ecd.usaid.gov) Major: Rule of Law Democracy, Human Rights and Governance Recommended Environmental Determination (s): Categorical Exclusion Additional Elements:

☐ Government to Government ☐ Local Procurement

☐ Donor Co-Funded ☐ Climate Change Vulnerability Analysis (included) Climate Change Vulnerability Rating: Low

1. Background and Project Description

1.1 The purpose of this document, in accordance with Title 22, Code of Federal Regulations, Part 216

(22CFR 216) §216.2(c), is to provide a preliminary review of the reasonably foreseeable effects on the environment of the new Rule of Law Strengthening Activity described herein and recommend determinations and, as appropriate, conditions, for these activities.

1.2 Project/Activity Description. The goal of this activity is to promote an independent, accountable, and efficient justice system that delivers people-centered services to all Kosovans, builds public trust, and upholds the rule of law as a foundation for democratic governance and Euro-Atlantic integration.

Objective 1: Independence and self-governance in the administration of justice strengthened

Through Objective 1, the Activity will work with core institutions across the separate branches of government and within the justice system, primarily the Kosovo Judicial Council and Kosovo Prosecutorial Council, to ensure they can effectively exercise their independence and self-governance as set forth in the Constitution and perform their functions in accordance with the law. This includes maintaining and strengthening the legal and policy framework which limit executive or other influence on judicial actors. Activities to achieve this objective may include support for leadership and/or participation in legislative and policy working groups, improved capacities for developing strategic plans, policies, and standard operating procedures, improving expertise and skills in data-driven decision making, communication, and more effective use of technology and automation. The judiciary should become able to produce and analyze reliable

Kosovo Mission / Rule of Law Strengthening Activity

EE.BEU Standard Form: IEE.v3 data and to use the findings for management and policy-making purposes. It may also include support for these institutions to join regional and international organizations that globally promote and protect strengthened judicial independence and the rule of law. In addition, the Activity will empower the judiciary to take a leadership role in resource allocation and ensure sustainable support for justice system operations by supporting the judiciary and prosecution to play a pivotal role in advocating for and managing increased resources through strategic budgeting and public financial management. Rather than focusing solely on judges’ salaries, the Activity will support the judiciary in assessing full costs of case management and using this data to effectively advocate and secure funding from the GoK for operational needs and planned reforms. Judicial institutions must take a more proactive and sustained approach to communicating effectively with the public, ensuring accurate information is consistently shared. In an era of persistent disinformation, it is essential that these efforts are continuous to maintain public trust and uphold the judiciary’s credibility. The Activity will work with the judiciary and its partners to elevate and institutionalize the judiciary’s communication practices, moving from reactive to strategic and data-driven efforts. This includes making communications a core function of the judiciary, ensuring consistent, high quality messaging that fosters transparency, public trust and judicial independence. It also includes using data-driven insights to identify successes and gaps, improving public engagement and accountability.

Objective 2: Anti-corruption and professional integrity within the justice system strengthened

Through Objective 2, this Activity will work with the Kosovo Judicial Council, Kosovo Prosecutorial Council, individual judges and prosecutors, administrative personnel, and civil society to raise professional integrity and combat corruption within the justice system with attention to both prevention and accountability. In targeting corruption and addressing demands for integrity, the Activity will also protect judicial and prosecutorial independence, including in appointment and disciplinary liability processes, so political actors and other interests do not unduly influence the work of the judiciary and prosecution. The Activity will map corruption vulnerabilities across the judiciary and prosecution and incrementally address identified and emerging vulnerabilities over the life of the Activity in close collaboration with judicial institutions to the greatest extent possible.

Interventions to achieve this objective might include introduction of new anti-corruption and policies procedures, strengthening and incentivizing the use of disciplinary or sanctions mechanisms within judicial institutions, use of transparency initiatives and digital tools and automation, and development of mechanisms for public reporting. The Activity will support strengthening existing tools to improve and safeguard the integrity, accountability, independence and efficiency of the justice system, in line with European standards, including implementing the Joint Commitment Statement when approved by the Assembly.

Objective 3: Judicial efficiency strengthened

Through Objective 3, this Activity will work with the Kosovo Judicial Council, Kosovo Prosecutorial Council, judges and prosecutors, administrative personnel, and civil society to strengthen efficiency by improving performance and user experience particularly in civil justice matters.

Activities to achieve this objective might include enhancement of case management tools and techniques, revision of legal procedures to enhance accountability of court presidents and chief prosecutors. Specifically, this Activity must support the respective Councils to make progress on CEPEJ efficiency indicators, sustainably reduce the civil backlog, and reduce the excessive length of civil case proceedings and advance Kosovo’s standing on WJP Rule of Law Index data on fairness and user satisfaction which will improve the citizen’s journey to justice. In addition, the Activity will support significant investments to the justice system’s ICT architecture by developing ICT strategies and policies that automate the justice system and its services. Specifically, the activity must address remaining CMIS challenges and develop CMIS into an effective tool for strengthening efficiency and accountability. It must support KJC and KPC to develop the tools to

Kosovo Mission / Rule of Law Strengthening Activity continuously monitor the use and application of CMIS and develop policies that link CMIS to disciplinary measures. By streamlining the processes and procedures and leveraging automation and digitization the Councils and other actors can focus on improving the quality of their services.

This approach leverages the GOK’s priority in investments in e-Governance platforms to make public services more accessible and user-friendly and the Activity must explicitly link ICT reforms in the judiciary to advocacy for increased budgetary resources for the KJC and KPC under Objective 1, ensuring that the Government of Kosovo is increasingly and sustainably funding the needed reforms. In order to advance efficiency and perceptions of fairness, the Activity will work with the judiciary to address the inconsistent application of civil, administrative, and criminal court proceedings cases which presents a significant challenge particularly in civil cases. This includes, supporting efforts and tools to ensure a more uniform and codified procedural approach across the judiciary. The Activity will seek to consolidate gains in procedural justice, aiming to make the justice system as a whole more user-friendly and citizen centric. Finally, the Activity must ensure that respective institutions establish, sustain and use feedback mechanisms to solicit and integrate public input and make improvements based on data from collected justice-seekers.

2. Environmental Analysis

Objectives Categorical Exclusion Citation

Objective 1: Independence and self-governance in the administration of justice strengthened

22 CFR 216.2(c)(2)(ii)

Objective 2: Anti-corruption and professional integrity within the justice system strengthened

22 CFR 216.2(c)(2)(ii)

Objective 3: Judicial efficiency strengthened 22 CFR 216.2(c)(2)(ii)

Climate Change Vulnerability Analysis: The climate change screening analysis for the entire Mission’s activities was updated in January 2020. No climate change considerations are identified under this activity and the climate change vulnerability rating is low. If during the implementation, any climate change considerations are identified, the activity should be adjusted in consideration of climate change vulnerabilities.

3. Justification for Categorical Exclusion Determination

The activities described in this document 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 for the following identified activities under 22 CFR 216.2(c)(2):

● All activities under objectives 1, 2 and 3 qualify for a categorical exclusion 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.).

4. Mandatory Inclusion of Requirements in Solicitations, Awards, Budgets and Workplans

4.1 Appropriate environmental compliance language, including limitations defined in Section 5, shall be incorporated into solicitations and awards for this activity.

4.2 The IP shall ensure annual work plans do not include activities that are defined as limitations, as defined in Section 5.

5. Limitations of the RCE: This RCE does not cover activities that:

5.1 Normally have a significant effect on the environment under §216.2(d)(1), including:

● Programs of river basin development;

● Irrigation or water management projects, including dams and impoundments;

● Agricultural land leveling;

● Drainage projects;

● Large scale agricultural mechanization;

● New lands development;

● Resettlement projects;

● Penetration road building or road improvement projects;

● Powerplants;

● Industrial plants;

● Potable water and sewerage projects other than those that are small scale.

In addition, unless the nature of the support is determined by the Resident Legal Officer or Office of General Counsel to fall under one of the defined categorical exclusions in 22 CFR §216.2(c)(2), this categorical exclusion does not cover activities that:

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

5.3 Affect endangered species;

5.4 Result in wetland or biodiversity degradation or loss;

5.5 Support extractive industries (e.g. mining and quarrying);

5.6 Promote timber harvesting;

5.7 Provide support for regulatory permitting;

5.8 Support agro-processing or industrial enterprises;

5.9 Result in privatization of industrial or infrastructure facilities with heavily polluted property;

5.10 Lead to construction, rehabilitation, or renovation of buildings or other structures;

5.11 Assist the procurement (including payment in kind, donations, guarantees of credit) or use

(including handling, transport, fuel for transport, storage, mixing, loading, application, cleanup of spray equipment, and disposal) of pesticides or activities involving procurement, transport, use, storage, or disposal of toxic materials and /or pesticides (cover all insecticides, fungicides, rodenticides, etc. covered under the Federal Insecticide, Fungicide, and Rodenticide Act); or

5.12 Procure or use genetically modified organisms.

Any of these actions, unless determined to qualify for a categorical exclusion under 22 CFR §216.2(c)(2), would require an IEE amendment with a Negative or Positive threshold determination approved by the Mission Director and with concurrence from the Europe and Eurasia Bureau Environmental Officer (BEO).

6. Revisions

6.1 Under §216.3(a)(9), if new information becomes available that indicates that activities covered by this RCE 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 and approval by the Mission Director. 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 RCE.

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