ATTACHMENT J.6 RCE 2021-UKR-018 J4A.pdf

DCN: 2021-UKR-018

USAID/Ukraine - Ukraine Justice for All (J4A) 1 EE.BEU Standard Form: RCE.v3

United States Agency for International Development (USAID) Ukraine

Request for Categorical Exclusion (RCE)

Program/Project/Activity Data:

Activity/Project Name: Ukraine Justice for All (J4A) Assistance Objective: CDCS DO1, DO3 Program Area: DR.1 Rule of Law Country(ies) and/or Operating Unit: USAID/Ukraine Originating Office: ODG Date: February 5, 2021 PAD Level RCE: Yes No RCE/IEE Amendment: Yes No Supplemental RCE: Yes No

DCN of Original RCE/IEE: N/A

DCN of Amendment(s): N/A If Yes, Purpose of Amendment: N/A DCN(s) of Related EA/IEE/RCE/ER(s): N/A

Implementation Start/End: LOP: September, 2021- September, 2026

Funding Amount: LOP Amount: XXXXXXXXXXX Contract/Award Number (if known):

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 RCE document is to establish that all proposed activities under the new Ukraine Justice for All (J4A) Activity belong to classes of actions eligible for Categorical Exclusions as set out in Agency regulations (22 CFR 216.2(c)), and that there are no foreseeable significant direct or indirect impacts that would preclude them from receiving a Categorical Exclusion. Upon approval of this document, the Categorical Exclusions are affirmed for the activity. This analysis also documents the results of the activity level Climate Risk Management process in accordance with USAID policy (specifically, ADS 201 mandatory reference 201mal).

This RCE is a critical element of USAID’s mandatory environmental review and compliance process meant to achieve environmentally sound activity design and implementation.

No construction is envisioned under the J4A Activity.

1.2 Project Overview

The purpose of the J4A Activity is to advance justice for all by strengthening justice systems, services, and societal engagement to deliver responsive solutions to Ukrainians’ legal problems and

USAID/Ukraine - Ukraine Justice for All (J4A) 2 justice needs.

2. Project Description and Climate Risk Screening

Climate risk management (CRM) for this activity has been conducted in accordance with CRM for USAID Projects and Activities, Mandatory Reference for ADS Chapter 201. CRM for the recently approved Mission’s CDCS (2019-2024) was conducted at the country strategy-level, with the expectation that subsequent climate risk screening will occur as part of the design process for projects and activities (e.g., at the PAD and activity-level). Therefore, climate risks have been assessed at the activity level and the results of this assessment are summarized in the table below. As all activities covered under this RCE are for assessments and evaluation, transfers of information, and technical assistance, the Climate Risk is deemed Low.

Defined or illustrative activities under Component One--- Strengthen the independence, accountability, and effectiveness of justice systems and institutions

Potential Climate Risk

Climate Risk Rating*

1.1 Provide assistance in strengthening the legal and regulatory framework to promote judicial independence, accountability, and effectiveness.

N/A Low

1.2 Build the commitment and capacity of justice institutions, associations, and legal professions to operate independently and impartially

N/A Low

1.3 Strengthen the efficacy and implementation of judicial

accountability and anti-corruption mechanisms

N/A Low

1.4 Activities to enhance the efficiency and effectiveness of judicial administration and self-governance, including through open justice approaches.

N/A Low

Defined or illustrative activities under Component Two— Enhance the accessibility and quality of people-centered justice services and multiple pathways to justice

Potential Climate Risk

Climate Risk Rating*

2.1 Provide the assistance in strengthening the capacity of justice institutions and courts to provide efficient, effective, and responsive justice services based on evidence and user data.

N/A Low

2.2 Support in increasing the use of e-justice tools by justice sector institutions and actors.

2.3 Support in strengthening the enforcement of judgements and contracts.

2.4 Activities to improve the accessibility and quality of alternative dispute resolution mechanisms.

Defined or illustrative activities under Component Three— Equip and empower civil society and active citizens to hold the justice system and justice services accountable and drive demand for meaningful judicial reform.

Potential Climate Risk

Climate Risk Rating*

3.1 Support the activities that broaden avenues for citizen inclusion in judicial processes and policy making

USAID/Ukraine - Ukraine Justice for All (J4A) 3

Defined or illustrative activities under Component Three— Equip and empower civil society and active citizens to hold the justice system and justice services accountable and drive demand for meaningful judicial reform.

Potential Climate Risk

Climate Risk Rating*

3.2 Activities to strengthen legal literacy among general public. N/A Low

3.3 Support activities to improve the quality and accessibility of legal education.

N/A Low

3.4 Increase the capacity of CSOs, legal institutions, and

associations to effectively monitor and advocate on justice and judicial reform issues

USAID/Ukraine - Ukraine Justice for All (J4A) 4

3. Justification for Categorical Exclusion Determination The activities under the Justice for All Activity will not have an effect on the natural or physical environment and are among the classes of activities listed in 22 CFR 216.2(c)(2). Therefore, under §216.2(c)(1), neither an IEE nor an EA will be required for these activities. Instead, a categorical exclusion threshold determination is recommended for the following identified activities under 22 CFR 216.2(c)(2): 1.1-1.4; 2.1-2.4; 3.1-3.4

• Activities 1.1-1.4; 2.1-2.4; and 3.1-3.4 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.).

4. 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;

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.

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

• Appropriate environmental compliance language, including limitations defined in Section 4, shall be incorporated into solicitations and awards for categorical exclusions.

• The implementing partner shall ensure annual work plans do not prescribe activities that are

USAID/Ukraine - Ukraine Justice for All (J4A) 5 defined as limitations in Section 4.

6. 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.

USAID/Ukraine - Ukraine Justice for All (J4A) 6

7. Recommended Determination for Categorical Exclusion:

Approval :

James Hope, Mission Director

Date

Clearance:

Susan Kutor, Deputy Mission Director

David Rush, Resident Legal Officer

Gregory Swarin, Program Office Director

Tatiana Kistanova, Mission Environmental Officer

Oleksandr Piskun, Activity Manager

Concurrence:

Poojan Tripathi E&E Bureau Environmental Officer

Distribution:

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

Attachments: Annex A Climate Risk Screening and Management Tool for Activity/Project/Strategy Design

USAID/Ukraine - Ukraine Justice for All (J4A) 7

ANNEX A: Justice for All RCE – Climate Risk Screening and Management Tool for Activity Design

ACTIVITY CRM TOOL OUTPUT MATRIX: CLIMATE RISKS, OPPORTUNITIES, AND ACTIONS

* = A required element, according to the Mandatory Reference

USAID/Ukraine - Ukraine Justice for All (J4A) 8

1.1: Anticipated Activities

1.2:

Time-frame

1.3:

Geography

2: Climate Risks 3: Adaptive

Capacity

4:

Climate

Risk Rating

5:

Opportunities

6.1: Climate Risk

Management Options

6.2: How Climate

Risks Are Addressed

7: Next Steps for

Project and/or

Activity Design

8:

Accepted Climate Risks*

1.1 Provide

assistance in strengthening the legal and regulatory framework to promote judicial independence, accountability, and effectiveness.

1.2 Build the

commitment and capacity of justice institutions, associations, and legal professions to operate independently and impartially

1.3 Strengthen

the efficacy and implementation of judicial accountability and anti-

0-10 years

Country-wide

-Challenges to improving trust in local government, delivery of public services, reliability of infrastructure, and natural resource management due to impacts from increased frequency and/or intensity of extreme weather events such as floods and droughts as well as decreased water quality and quantity for an already limited potable water supply

-Exposed weaknesses in local and national government and

-Information on climate risks on anti-corruption activities is neither analyzed nor communicated at any level, nor are they perceived as important

-Civil society is cognizant of climate risks and is represented by related civil society organizations (CSOs)

Low

-Increased awareness of climate risks and potential consequences may be helpful to better target anti-corruption activities in target sectors

-Increasing climate risk and resilience coverage by the media will promote awareness, understanding of issues and help engage citizenry to speak out against corruption and poor governance actions

-Incorporate capacity building for anti-corruption activists and institutions to recognize and address climate risks to anti-corruption activities

Climate risk rating is Low, and as such is not addressed n/a n/a

USAID/Ukraine - Ukraine Justice for All (J4A) 9 corruption mechanisms

1.3 Activities to

enhance the efficiency and effectiveness of judicial administration and self-governance, including through open justice approaches.

2.1 Provide the

assistance in strengthening the capacity of justice institutions and courts to provide efficient, effective, and responsive justice services based on evidence and user data.

2.2 Support in

increasing the use of e-justice tools by justice sector institutions and actors.

increased political instability due to responses to extreme weather events

-Increased incentives for corruption due to impacts on economic stability, livelihoods and service provision from extreme weather events and decreased water supply

-Impacts to implementation of in-person trainings, meetings, events and capacity building activities due to extreme weather events

USAID/Ukraine - Ukraine Justice for All (J4A) 10

2.3 Support in

strengthening the enforcement of judgements and contracts.

2.4 Activities to

improve the accessibility and quality of alternative dispute resolution mechanisms.

3.1 Support the

activities that broaden avenues for citizen inclusion in judicial processes and policy making

3.2 Activities to

strengthen legal literacy among general public.

3.3 Support

activities to improve the quality and accessibility of legal education.

3.4 Increase the

capacity of CSOs, legal institutions, and

USAID/Ukraine - Ukraine Justice for All (J4A) 11 associations to effectively monitor and advocate on justice and judicial reform issues