Attachment J.5 - Gender Analysis for Accountable Justice Activity.pdf

ACTIVITY-LEVEL GENDER ANALYSIS: ACCOUNTABLE JUSTICE ACTIVITY

(Full gender analysis may be found here)

PART 1: INTRODUCTION

ACTIVITY

BACKGROUND

What is the activity under design?

Briefly bullet information on the activity under design.

● Geographic Focus Area: National

● Purpose: 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.

● Activity Objectives:

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

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

Objective 3: Judicial efficiency strengthened.

Cross-Cutting: Integration and inclusion in the justice system strengthened

Cross-Cutting: Gender Equality and Women’s Empowerment Strengthened

● Sub-sectors: Democratic Governance, Rule of Law

● Partners and Key Local Stakeholders: Kosovo Judicial Council, Kosovo Prosecutorial Council, rule of law stakeholders from government, civil society, the legal community, the international community, and private sector

● Intended Activity Participants: Courts throughout Kosovo at all levels including the Court of Appeals and Supreme Court, Kosovo Judicial Council, and Kosovo Prosecutorial Council, administrative personnel

METHODOLOGY

What methods were used to draft the gender analysis?

Briefly summarize the methodology used for the gender analysis. (3-4 sentences per applicable bullet point.)

● Desk Review (Required): Desk review of government reports, statistical data, and research was conducted.

● Primary Data Collection Summary (As Applicable): Mixed methods (qualitative and quantitative) including detailed desk review of government reports, statistical data, and research; 22 Interviews with 25 https://drive.google.com/file/d/1414OYSAeVKtz5pUyQOoI0WGGLNZwVZLL/view?usp=sharing

Key Informants from representatives from justice institutions, civil society organizations, activists, students, and researchers; two (2) focus groups, one with Kosovo Serbs in Novobërdë and one organized with NGO’s working in different regions of Kosovo

● Analysis Methodology: Data across sources were coded and triangulated to derive themes and trends that were used to develop findings and recommendations.

● Limitations: Data captured during desk review is limited by the information publicly available. Data on gender issues across the justice sector varies by subsector. KIIs and FGDs have inherent risk of response bias due to different reasons (e.g. social desirability). These limitations were mitigated as much as possible through the analysis design.

CONTEXT

What gender analysis information should be integrated in the solicitation’s background section?

Provide a high-level summary of key gender gaps, opportunities, and root causes of inequalities identified vis-a-vis the activity objectives that can be used in the background of the solicitation.

The current judicial system lack a standardized understanding of domestic violence, gender-based violence, sexual harassment, and sexual violence.

These issues arise from a lack of training among the judiciary and prosecutors and low trust in rule of law institutions. This leads to misclassification of crimes, inconsistent rulings, and low reporting of such crimes. Women are also significantly underrepresented in Kosovo's judiciary and prosecution services leaving out critical perspectives in the judiciary.

Awareness and reporting of domestic violence, gender-based violence, sexual harassment, and sexual violence is also low in Kosovo. In part, this is due to perceptions of domestic violence as a private matter, fear of stigmatization. Kosovo has recently adopted the Istanbul Convention and their Western Balkan Growth Plan Reform Agenda which includes a commitment to strengthen implementation of the legislative and strategic framework on the protection against domestic and gender-based violence.

This highlights an increase in the government's commitment in women equality and gender empowerment which can be capitalized on for pushing reforms.

PART 2: FINDINGS, RECOMMENDATIONS, AND IMPLICATIONS FOR SOLICITATION

ABOUT PART 2: This is the core of the gender analysis and should be organized by activity objectives or sub-sector, in order to directly associate findings with the activity design. For each objective or sub-sector, the following three columns should be completed.

• FINDINGS: Summarize the context, opportunities, and risks to answer the three gender analysis questions outlined in the USAID Activity-Level Gender Analysis Guidance.

• RECOMMENDATIONS: Develop recommendations that respond to the findings, apply to the activity objectives and context, and are concrete, actionable, and within the activity’s manageable interest. Propose prevention and mitigation strategies for any identified gender-related risks.

• SOLICITATION LANGUAGE AND REQUIREMENTS: Based on the findings and recommendations, draft language to include in each of the following solicitations sections: Scope of Work (SOW), Statement of Objective (SOO) or Theory of Change, Program Description (PD), and Project Deliverables. Also consider if the solicitation should include specific gender-sensitive outcomes or indicators, requirements for gender-specific expertise, or requirements for a gender action plan post-award.

SUB-SECTOR: JUDICIARY

FINDINGS RECOMMENDATIONS SOLICITATION LANGUAGE AND REQUIREMENTS

Despite strong laws against GBV, sentences for perpetrators often remain lenient, with many cases resulting in suspended sentences or fines rather than prison time, undermining justice and deterrence. There is also a lack of training and experience amongst judges and prosecutors in handling sexual violence cases, often resulting in confusion between harassment, sexual harassment, and sexual assault, and inconsistent rulings, such as reclassifying a rape case as "light bodily injury”.

● Both judges and prosecutors should receive comprehensive training on handling cases of sexual violence and GBV. Currently, there is a lack of specialization in this area, leading to inadequate handling of cases.

● Support efforts and tools to ensure a more uniform and codified procedural approach across the judiciary including in domestic violence, sexual harassment, and sexual harassment cases.

● USAID should work closely with the Academy of Justice to develop and implement training programs for judges and prosecutors focused on understanding and applying perpetrator programs, including implementation of the Administrative Instructions No. 12/2012

● These programs need to be integrated as a mandatory part of sentencing for offenders in

● The Activity will work with the judiciary to address the inconsistent application of civil, administrative, and criminal court proceedings cases

● The Activity will increase the prosecution and unified sentencing of gender based violence (GBV) cases

● In addition to required interventions, the SOW directs the offeror to strengthen gender equality and empower women by pinpointing the most critical gender haps or obstacles that women encounter within the justice system and implement reasonable and feasible focused strategies to effectively address these gaps and barriers.

https://docs.google.com/document/d/1vm_ex8P0LKuclExLSu_rO2wt_HmiQFNOSsiCVgWr8VM/edit https://docs.google.com/document/d/1vm_ex8P0LKuclExLSu_rO2wt_HmiQFNOSsiCVgWr8VM/edit cases of domestic violence, in accordance with the Istanbul Convention.

Domestic violence, sexual harassment, and sexual assault remain underreported in Kosovo. Survey data shows that 68% of women experiencing domestic violence still do not report their cases;

29% of women have experienced sexual harassment but the Kosovo Police received only 231 reports of sexual harassment and 257 reports of sexual assault from 2019 to 2022. Low reporting is due to perceptions of domestic violence as a private matter, fear of stigmatization, and low trust in rule of law institution

● Implement Law No. 08/L-185 on Prevention and Protection from Domestic Violence, Violence against Women and Gender-Based Violence offers a number of, ensuring that survivors receive the protection they need and that perpetrators are held accountable.

● The Activity will advance awareness of GBV through the Annual 16 Days Campaign on Prevention of GBV

● The Activity must ensure that respective institutions establish, sustain and use feedback mechanisms to solicit and integrate public input and improve judicial processes based on data from collected GBV, domestic violence, sexual harassment, and sexual violence cases

Specialized prosecutors have received training on domestic violence, leading to improved case management. Several challenges remain though, such as over-reliance on the survivor’s testimony.

● Train prosecutors to establish cases in a manner that minimizes the risk of re-traumatizing victims and survivors

● Establish a framework for prosecutors on how to evaluate, investigate, and prosecute domestic violence, sexual harassment, sexual harassment, and GBV crime that minimize trauma risks for the victim/survivor

● The Activity will closely coordinate with donors who support the Prosecution on specific training that prevents and minimizes the risk of re-traumatizing victims and survivors and to the extent possible reflect the good practices to the courts.

Despite legal requirements for equal gender representation, women are significantly underrepresented in Kosovo's judiciary and prosecution services especially in decision-making levels. Cultural norms, family responsibilities, and lack of institutional support and gender audits contribute to the low representation of women in these sectors.

● Work with the Kosovo Academy of Justice to implement mandatory training on gender and inclusion for all existing and new judges, prosecutors, and staff, including those in leadership positions. Ensure these trainings cover essential topics such as gender norms, gender roles, legal requirements on gender equality, diversity, equal representation, gender analysis, gender-disaggregated data, and gender mainstreaming.

● This Activity will strengthen gender equality and women’s empowerment by: 1) Identifying the most significant gender gaps or barriers women face in the justice system; and, 2) Advancing substantive, resourced, and targeted approaches to address those gaps or barriers.