SBU - Justicia Efectiva RFI.pdf

NOTICE TYPE: Special No�ce – REQUEST FOR INFORMATION (RFI)

RFI NUMBER: RFI-522-20-00004

SUBJECT: Jus�cia Efec�va Ac�vity (Countering Corrup�on and Criminal Impunity)

ISSUANCE DATE: September 3, 2020

CLOSING DATE: September 18, 2020

This is a Request for Informa�on (RFI) pursuant to FAR Part 15.201(c), (d), and (f) and FAR Part

10.002 (b)(2)(iii). The purpose of this RFI is to:

● Invite comments regarding acquisi�on strategy (including contract type, terms and condi�ons, expected results, and evalua�on criteria); feasibility of the requirement; the availability of reference documents; and any other concerns or ques�ons; and

● Improve the understanding of Government requirements and industry capabili�es, thereby allowing poten�al offerors to judge whether or how they can sa�sfy the Government’s requirements, and enhancing USAID/Honduras’ ability to obtain quality services at reasonable prices.

An addi�onal purpose of this RFI is to increase the efficiency in proposal prepara�on and evalua�on, nego�a�on, and contract award in the event USAID/Honduras elects to issue a solicita�on reques�ng proposals. However, this is an RFI, not a Request for Proposals (RFP), and is not to be construed as a commitment by the U.S. Government to issue any solicita�on or ul�mately award a contract on the basis of this RFI, nor to pay for any informa�on submi�ed as a result of this request, nor does it commit the Government to pay for costs incurred in the prepara�on and submission of any comments. Proprietary informa�on should not be sent. USAID may use any informa�on provided without incurring any obliga�ons.

This RFI offers the opportunity for interested organiza�ons and individuals to provide feedback, informa�on, opinions, and recommenda�ons on the prospec�ve ac�vity described herein, and in par�cular, to respond to the 11 ques�ons listed below. Responses should not exceed ten (10) pages and should focus on addressing the requirements and illustra�ve results described. Interested par�es should submit their name, address, contact informa�on, and informa�on on business size and socioeconomic status. Addi�onal informa�on limited to the offerors’ corporate or organiza�onal capability statement to carry out their approach and case studies suppor�ng the strategies in the approach may be included as an annex.

Kindly submit responses to this RFI to Brian Chang, Contrac�ng Officer, USAID/Honduras at oaahonduras@usaid.gov with the RFI No. RFI-522-20-00004 on the subject line. Comments received prior to September 18, 2020, are more likely to receive considera�on during mission planning.

USAID/Honduras will not directly provide responses or feedback to any inquiries submi�ed as a result of this RFI.

Sincerely, Brian Chang Contrac�ng Officer

JUSTICIA EFECTIVA ACTIVITY (COUNTERING CORRUPTION AND CRIMINAL IMPUNITY)

BACKGROUND

Honduras faces several structural problems, including poverty, violence and insecurity, and high levels of corrup�on, ul�mately impac�ng ci�zens’ quality of life. Crime, inequality, and a lack of trust in government ins�tu�ons and democracy are some of the factors leading Hondurans to irregular migra�on. Exis�ng research finds the quality of democracy influences inten�ons to migrate. Findings from a USAID/Honduras commissioned exploratory analysis found that being unsa�sfied with democracy increases inten�ons to migrate between 7-10 percentage points compared to individuals sa�sfied.

Moreover, rampant corrup�on, crime, and the� deteriorate the country's business enabling environment, nega�vely impac�ng economic opportuni�es, which are cited by Hondurans as the number one reason for migra�ng (World Economic Forum, 2017; CENISS 2019; MESCLA 2020). At the heart of these challenges, a weak rule of law compromises the government’s ability to promote human development and increase equal opportuni�es for its ci�zens. According to the World Jus�ce Project, the country is in 116th place among 128 countries worldwide, among the lowest-ranked in the La�n American and Caribbean regions (27/30). This is in line with several reports highligh�ng overall impunity levels, reaching more than 90 percent, and 86 percent (2019) for specific crimes such as homicides.

Crimes against human rights defenders, the LGBTI popula�on, and women also experience these high impunity levels.

In Honduras, the criminal jus�ce and security system is composed of several ins�tu�ons with defined roles and responsibili�es; however, they are working disconnected, uncoordinated, and without strategic planning essen�al to solving cri�cal problems. These include slow police response to complaints, low judicializa�on levels, and high levels of unresolved cases. Addi�onally, within ins�tu�ons, such as the Public Ministry, there are inconsistencies between different units regarding the allocated resources and mandates to inves�gate various crimes. At the Supreme Court, corrup�on cases for high government officials are not tried by the incumbent courts but by the Magistrates appointed by the Na�onal Congress.

A recent report (FOSDEH, 2020) concluded that the ineffec�veness of two key Jus�ce Sector ins�tu�ons, the Public Ministry and the Supreme Court, is due to having limited resources. Each ins�tu�on is allocated only 1.4 percent and 1.8 percent of the cons�tu�onally mandated budget. In both cases, annual planning is not consistent with the allocated financial resources, resul�ng in setbacks in mee�ng performance indicators. These include a high number of pending cases from previous years. For example, for the Supreme Court, resolved cases in the last five years have decreased from 89 percent to

73.4 percent, with some taking significantly more than 12 months for resolu�on.

In addi�on to the issues described above, 12.5 percent of the GDP is lost to corrupt prac�ces annually.

Corrup�on impacts all sectors of society, including the jus�ce and security system. Lack of independence and percep�on of unequal access to jus�ce are widespread, and trust in ins�tu�ons such as the police, Supreme Court, and Public Ministry is markedly declinin g. The absence of transparent selec�on processes for high jus�ce officials, the lack of clear regula�ons around sanc�ons for malprac�ce or corrupt acts (especially for public servants), and poli�cal interference affect government branches’ independence. These are just some of the issues impac�ng an equitable and fair applica�on of security and jus�ce for Hondurans. I n this context, ci�zens or civil society actors advoca�ng for a more efficient and accountable system might be at risk without the proper protec�ve measures in place. These measures are necessary to protect fundamental human rights.

PROBLEM STATEMENT

USAID/Honduras seeks to iden�fy and implement approaches to address an overall weak, ineffec�ve, and corrupt criminal jus�ce and security system, which have enabled extremely high impunity rates, d eepened the public’s lack of trust in the state, accentuated conflict, and exacerbated drivers of illegal immigra�on .

A restricted list of the challenges that the criminal jus�ce and security system faces in Honduras that should be considered for proposed approaches to meet the prospec�ve ac�vity’s purpose are:

➔ Weak ins�tu�onality (but could be considered over-assessed) ➔ Lack of sufficient budgetary, human, and logis�cal resources for jus�ce ins�tu�ons ➔ Skills required not up to par for the specialized subjects within ins�tu�ons ➔ Limita�ons and disparity in access to jus�ce ➔ Weak inter-ins�tu�onal coordina�on and collabora�on ➔ Underdeveloped ins�tu�onal controls to reduce corrup�on or sanc�on these behaviors ➔ Unclear poli�cal commitment from different levels within ins�tu�ons ➔ Prevalent protec�on of status quo from several groups ➔ Poor ins�tu�onal informa�on and knowledge management systems ➔ Well-rooted patronage system throughout society, and reflected in the criminal jus�ce and security system ➔ Unar�culated (non-existent) na�onal level criminal jus�ce policy

PURPOSE AND THEORY OF CHANGE

The prospec�ve ac�vity, herein described as “The Ac�vity” aims to strengthen the Honduran criminal jus�ce and security system to be more sustainably effec�ve, transparent, accessible, and equitable.

USAID/Honduras seeks to reduce impunity, mi�ga�ng widespread criminal ac�vity, and corrup�on, which are drivers of illegal immigra�on. The criminal jus�ce and security system ac�vity, the Ac�vity will priori�ze crimes that exacerbate inten�ons to migrate, such as violence, corrup�on, organized crime, and viola�ons of human rights.

The no�onal theory of change for the Ac�vity is: If the effec�veness and performance of the jus�ce ins�tu�ons are strengthened to deliver be�er access to jus�ce; AND ins�tu�ons and actors within the jus�ce and security system coordinate efforts to protect the rule of law; A ND the jus�ce and security system obtains increased transparency and legi�macy, THEN impunity will be re duced, deterring criminal ac�vity that is a driver of illegal immigra�on.

The Ac�vity’s focus will primarily be with na�onal-level ins�tu�ons with varying degrees of regional, municipal, and sub municipal jurisdic�on. For USAID/Honduras in this Ac�vity, the core ins�tu�ons that comprise the criminal jus�ce and security system are the: Judiciary (including the Public Defense), Public Ministry, and Police; however, we recognize this list is not exhaus�ve as the system is complemented by other Government branches and State agencies, as well as Non-state actors.

For purposes of the Ac�vity, USAID/Honduras uses the following concept to define jus�ce and security operators, “To refer to state officials and employees who play a role in the jus�ce systems and perform func�ons that are essen�al to respec�ng and ensuring the rights to protec�on and due process.”

(Inter-American Commission on Human Rights (2013). Guarantees for the independence of jus�ce operators: Towards strengthening access to jus�ce and the rule of law in the Americas , h�p://www.cidh.org). Given this defini�on, operators include judges, prosecutors, public defenders, inves�gators, police officers, and forensic officials.

The Ac�vity is expected to work with the criminal jus�ce and security system to address targeted crimes, grouped as follows:

(a) Core group (the Ac�vity must work on these crimes): Homicide, domes�c and gender-based violence, extor�on, and corrup�on.

(b) Transi�onal group (the Ac�vity should evaluate the feasibility and access to working on these crimes or propose other crimes): Environmental crimes, electoral crimes, organized crime, human rights viola�ons, human trafficking, and violence against children. For the first year, one of the transi�onal group crimes will be environmental crimes.

For the transi�onal group, the Ac�vity will use adap�ve program management principles and is expected to assess and advance work on at least three of these areas throughout its dura�on. The Ac�vity will conduct a feasibility analysis to determine which crimes it will target, gather baseline data, and systema�cally monitor and evaluate progress. The Ac�vity should plan for a performance evalua�on 12 months a�er the start of implementa�on. The Ac�vity with USAID will decide if pivots are required or confirm the con�nua�on of implementa�on. Where feasible, experimental methods are preferred over quasi-experimental methods.

The Ac�vity will have guiding implementa�on principles to ensure that key issues are included in the proposal, work plans, and monitoring, evalua�on and learning plan. Principles will include:

gender-sensi�vity, do no harm, social inclusion, sustainability, self-reliance, transparency, among others.

The components for the Ac�vity could be:

Objec�ve 1: Strengthen ins�tu�onal capacity and performance to improve access to jus�ce.

Result 1 Ins�tu�onal governance improved Result 2 Specialized technical performance of targeted jus�ce and security operators improved Result 3 Criminal jus�ce process management enhanced (core and transi�onal group) Result 4 Access to equitable jus�ce services for vic�ms and users increased

Objec�ve 2: Jus�ce and Security System Ins�tu�ons and Non-State actors form a system to improve the rule of law

Result 1 Comprehensive strategy for the criminal jus�ce and security sector Result 2 Na�onal and local level coordina�on of criminal jus�ce and security system ins�tu�ons improved Result 3 Crea�on of a network that complements State services to vic�ms' needs

Objec�ve 3 : Uphold the criminal jus�ce and security system’s independence and legi�macy

Result 1 Civil society engagement to partake in the effec�veness and accountability of the system strengthened Result 2 Due process for all actors in the criminal jus�ce process be�er protected and informed

QUESTIONS FOR INDUSTRY FEEDBACK

1. Based on your organiza�on’s exper�se, would you propose changes to the no�onal purpose theory of change, objec�ves, and results?

2. What type of metrics would you recommend to measure a reduc�on in impunity? How would you measure the impact of an effec�ve criminal jus�ce and security system on illegal immigra�on? How would you propose ranking jurisdic�ons based on migra�on criteria?

3. How would you priori�ze which jurisdic�ons in the Honduran criminal jus�ce and security system are those where more impact can be achieved to complete the Ac�vity’s goal? What proven approaches have resulted effec�vely in your experience to impact criminal jus�ce and security systems that are co-opted and colluded by transna�onal organized crime (including corrup�on)?

4. How can USAID/Honduras structure the Ac�vity to maximize the engagement of new and local or locally established partners?

5. What are the poten�al obstacles to and possible solu�ons to promote sustainable changes in the jus�ce system? (�ed to Journey to Self-Reliance)

6. What systems approach would you propose to balance different levels of capacity and commitment that the criminal jus�ce and security system ins�tu�ons and actors have in Honduras?

7. USAID/Honduras is integra�ng criminal jus�ce and security strengthening in different development sectors. The Ac�vity would pilot integra�ng jus�ce with environmental crimes.

What opportuni�es and challenges would you an�cipate per your experience?

8. What best prac�ces would you incorporate to promote jus�ce sector collabora�on, dialogue, and, most importantly, engagement of civil society and the private sector?

9. How would you incorporate conflict-sensi�ve design into the Ac�vity?

10. How can USAID support, through the Ac�vity, the Honduran society to embrace democra�c principles, transparency, and private sector-driven solu�ons to counter authoritarian external influences?

11. Based on your organiza�on’s experience, what would you propose for evalua�on criteria for an effec�ve jus�ce and security system program like this?

Response to this RFI is voluntary. Responders are free to address any or all the above items, as well as provide addi�onal informa�on relevant to increase sustainable outcomes and effec�veness in Honduras or similar contexts. Please note that USAID is not seeking technical proposals/applica�ons or cost proposals/applica�ons at this �me. Do not submit any proposal/applica�on in response to this RFI. Only the informa�on requested above will be considered.