QUARTERLY REPORT OCTOBER 1, 2019 – DECEMBER 31, 2019
JUSTICE MATTERS
Contract: 72016718C00002
Implemented by: National Center for State Courts 2425 Wilson Blvd, Suite 350 Arlington VA, 22201
Program Address: Str. Andrea Gropa 98/1 10000 Pristina, Kosovo
January 15, 2020
DISCLAIMER This publication was produced for review by the United States Agency for International Development. It was prepared by the National Center for State Courts. The views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019
TABLE OF CONTENTS
LIST OF ACRONYMS ...... ii ABOUT Justice Matters ...... 1 Objectives ...... 1 Strategic Framework ...... 1 Highlights ...... 2 Implementation Context ...... 3 Section 1 – Activities & Results ...... 3 Objective 1: Strengthen the Capacity of Kosovo’s Legal Aid System ...... 4 Objective 2: Enhance the Quality and Responsiveness of Legal Aid Services ...... 6 Objective 3: Strengthen Legal Literacy and Citizen Empowerment ...... 10 Cross-Cutting Activities ...... 13 Section II - REPORTS AND DELIVERABLES ...... 14 Reports and Deliverables Produced This Quarter ...... 14 SECTION III – PMP PROGRESS ...... 15 Performance Management Plan – Outcome and Indicator Chart………………………...... Annex 1
Page i USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019 LIST OF ACRONYMS
COP Chief of Party CSD Communication for Social Development (CSO) CSGD Centre for Social Group Development (CSO) CSO Civil Society Organization DO Development Objective E4E Equality for All Program ERAC Equal Rights Coalition FGD Focus Group Discussions FLAA Free Legal Aid Agency FLA Free Legal Aid GIZ German Development Agency GLPS Group for Legal and Political Studies (CSO) GOK Government of Kosovo INL Bureau of International Narcotics and Law Enforcement Affairs IR Intermediate Result JSSP Justice Sector Strengthening Program KBA Kosovo Bar Association KCSS Kosovo Centre for Security Studies KII Key Informant Interviews LGBTI Lesbian, Gay, Bisexual, Transgender, Intersex MCLE Mandatory Continuing Legal Education NCSC National Center for State Courts OSCE Organization for Security and Cooperation in Europe RAE Roma, Ashkali, and Egyptian USAID United States Agency for International Development USG United States Government
Page ii USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019 ABOUT JUSTICE MATTERS
OBJECTIVES The Justice Matters activity is a three-year rule of law program that builds upon the prior investments of the United States Agency for International Development (USAID) and the US State Department Bureau of International Narcotics and Law Enforcement Affairs (INL) in improving access to justice and legal literacy in Kosovo. Through strengthening legal aid institutions, actors, and processes as well as improving the quality and availability of information on legal aid resources, Justice Matters will improve access to justice for all, inclusive of disadvantaged and marginalized groups and communities.
Program activities focus on three main objectives:
Objective 1: Strengthen the Capacity of Kosovo’s Legal Aid System Objective 2: Enhance the Quality and Responsiveness of Legal Aid Services Objective 3: Strengthen Legal Literacy and Citizen Empowerment The Justice Matters activity will address the three interrelated objectives in coordination with key local counterpart institutions and groups. Through engaging institutional partners including the Free Legal Aid Agency (FLAA) and Legal Aid Council in coordination with legal professionals within the Kosovo Bar Association (KBA), civil society stakeholders, and university legal clinics, the activity will promote effective systems, increased supply, and informed demand for legal aid. By engaging a broad group of local stakeholders and counterparts, the activity will promote both systems-level reforms to the delivery of legal aid and community-level advocacy and interventions to assure fair, responsive, and accessible legal aid.
STRATEGIC FRAMEWORK Justice Matters seeks to improve access to justice for all through strengthening institutions, actors, and processes for providing legal aid, services, and information under USAID Development Objective (DO) 1: Improved Rule of Law and Governance that Meet Citizen’s Needs. The relevant Intermediate Results (IR) are:
IR 1.1 MORE EFFICIENT, TRANSPARENT, INDEPENDENT, AND ACCOUNTABLE JUSTICE SECTOR
IR 1.4 CIVIL SOCIETY STRENGTHENED TO INCREASINGLY ENGAGE CONSTRUCTIVELY WITH GOVERNMENT
Justice Matters strengthens systems for legal aid service delivery, increases supply of quality legal aid services, and increases informed demand for legal aid through three inter-connected objectives: (1) Strengthen the Capacity of Kosovo’s Legal Aid System; (2) Enhance the Quality and Responsiveness of Legal Aid Services; and (3) Strengthen Legal Literacy and Citizen Empowerment. In addition, program implementation will support an internship program linking law students and legal professionals.
Page 1 USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019 HIGHLIGHTS Justice Matters continued activities this quarter to strengthen the capacity of the legal aid system, enhance the quality and responsiveness of legal aid services and strengthen legal literacy and citizen empowerment in Kosovo. Specific activities for each component are highlighted below.
OBJECTIVE 1 – Strengthen the Capacity of Kosovo’s Legal Aid System Justice Matters technical support will address key challenges to the full implementation of the Law on Free Legal Aid, particularly resource shortfalls, regulatory weakness, and gaps in institutional capacity. During the past quarter, Justice Matters supported strategic planning and identification of reform priorities through support to the FLA Transition Team and Acting Executive Director of the FLAA. Notable achievements and highlights from this quarter included: 3 Transition Team meetings facilitated to identify strategic reform priorities including Mandatory Continuing Legal Education (MCLE) for legal officers and mobilization of legal aid service providers. Draft 2020 Strategic Action Plan for Acting Exec. Director to align strategy with identified Transition Team priorities for 2020 including MCLE, outreach strategy, and preparation of 2021 FLAA budget.
OBJECTIVE 2 – Enhance the Quality and Responsiveness of Legal Aid Services Justice Matters technical support will enhance the quality and availability of legal aid services by expanding access to services and strengthening standardization and training for legal aid providers. During the past quarter, Justice Matters disseminated findings from Mapping of Community Justice Needs, continued strengthening legal clinic programs as an institutionalized nexus for FLAA, KBA, and Civil Society Organization (CSO) joint outreach activities, and worked with KBA to foster pro-bono culture among lawyers. Notable achievements and highlights from this quarter included: 14 Legal Aid First Response Hubs reported 526 beneficiaries receiving legal information from October to December 2019 with 57 referred directly to the FLAA for additional support. 2 Operational Strengthening Workshops for FLAA Regional Officers to facilitate collaborative problem-solving and exchange of best practices for common challenges encountered in service delivery throughout Kosovo. This quarter, topics for workshops included training needs assessments, case monitoring, and outreach strategies related to Human Rights Week. 5 roundtables hosted to disseminate key findings of annual Mapping of Community Justice Needs to local FLAA, KBA, CSO, and university partners in Prizren, Gjilan, Mitrovica, Peja, and Gjakova. Open Legal Clinic Hours at the University of Prizren legal clinic assists 15 justice seekers and provides law students opportunities to provide legal information under the supervision of KBA lawyers.
OBJECTIVE 3 – Strengthen Legal Literacy and Citizen Empowerment Justice Matters technical support will leverage existing resources and implement innovative new approaches to expand the availability and quality of actionable legal information, particularly within marginalized and disadvantaged groups and communities. During the past quarter, Justice Matters supported informational outreach campaigns targeting disadvantaged and marginalized communities and expanded the availability of legal aid information available through the implementation of local CSO grants. Notable achievements and highlights from this quarter included: 4 public outreach events to improve knowledge of legal rights and legal aid resources including for members of the Roma, Ashkali, Egyptian (RAE) communities in Ferizaj and Mitrovica and the Serbian Community in Gjilan. Outreach activities featured collaboration between representatives from the FLAA, CSOs, and the KBA, to ensure a robust inter-organizational response to priority communities. “Tree of Rights” installation in Peja in collaboration with the legal clinic program at the University of Peja allows citizens to interact with and visualize legal rights, expectations of the justice system, and services provided by the FLAA.
Page 2 USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019 IMPLEMENTATION CONTEXT
Political and Operational Context – Justice Matters continued to operate in an environment largely stalled by ongoing political gridlock leading up to and following the October parliamentary election. A lack of political appointments, including the selection of a new Executive Director for the FLAA and nominations for the vacant Free Legal Aid (FLA) Council seats, has paralyzed regulatory reforms and strategic planning to improve Kosovo’s legal aid system. A study by the Kosovar Centre for Security Studies (KCSS) continued to show that security institutions in Kosovo enjoy the highest levels of public trust whereas judicial and rule of law institutions have seen a decrease in public trust compared with the previous year. More than half of the respondents in this study view prosecutors as corrupt and see courts as the most corrupt institutions in the country. This data tracks closely with previously released data, including the high levels of distrust in justice institutions revealed in the Justice Matters Mapping of Community Justice Needs, and highlights one of the most consistent problems in Kosovo despite high levels of satisfaction among those who use free legal aid services.
Vulnerable and Marginalized Communities— A report from the Ombudsperson revealed extensive human rights violations in the case of a Roma woman. The Roma community is among the most vulnerable in Kosovo and in need of greater access to legal information and resources according to ongoing legal aid needs assessments. The Ombudsperson’s report, sent to the State Prosecutor’s Office in December 2019, revealed that public institutions failed to offer adequate protection to the victim despite adequate warnings and deprived her of a proper investigation and interpreter. Incidents like this occur commonly within marginalized communities and exacerbate the already low public trust among institutions in Kosovo.
Domestic violence also continued to be a focus of the government and local institutions this quarter. With more than half (54%) of all women reporting domestic violence abuses according to a November Organization for Security and Cooperation in Europe (OSCE) Report, data reveals that domestic violence is underreported. This number, however, may now be trending in the right direction. At a roundtable discussion organized by the OSCE Mission in Kosovo, the police investigator in the Peja region announced that the number of reported domestic violence cases increased compared to 2018. This increase mirrors the data found in the Community Justice Needs Mapping completed this quarter. An uptick in reporting reveals that the population is increasingly aware of the problem of domestic violence and the need to act. The increase of awareness coupled with other initiatives such as the December launching of special rooms in police stations for victims of domestic violence, have proven effective in building trust and increasing engagement among the public.
Counterpart Relations and Donor Coordination— Relationships with key counterparts including the FLAA, KBA, University Law faculties, and civil society legal aid providers continued to be positive this quarter. Justice Matters maintained regular communication and meetings with the leadership of the FLAA, KBA, and other officials and has been encouraging multi-stakeholder engagement between program counterparts on issues of outreach and advocacy, expanding access to legal aid services, and mobilizing legal aid practitioners. Without an officially appointed Executive Director or governing FLA council, Justice Matters focused on coordination and alignment within existing transitional structures including the interim Executive Director and the FLA Council Transition Team. Justice Matters continues to work closely with other donor-funded initiatives including USAID’s Equality for All Program (E4E) and Justice Sector Strengthening Program (JSSP) as well as coordinating with the German Development Agency’s (GIZ) in delivering training, technical assistance, and support to the FLAA and other key local counterparts.
Page 3 USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019 SECTION 1 – ACTIVITIES & RESULTS OBJECTIVE 1: STRENGTHEN THE CAPACITY OF KOSOVO’S LEGAL AID SYSTEM Objective 1 activities will strengthen the system for legal aid delivery in Kosovo by: (1) strengthening financial sustainability and resource management of FLAA; (2) strengthening the institutional capacity of the Legal Aid Council; (3) strengthening legal aid provider accreditation systems; and (4) activating the legal aid coordination mechanisms. Interventions will enable counterparts to overcome resource constraints and improve operations and service delivery to eligible citizens, including individuals belonging to disadvantaged and marginalized groups. The key activities implemented by Justice Matters during Year 2, Quarter 2 include the following:
Activity 1.1: Financial Sustainability and Resource Management Strengthened In order to strengthen the financial sustainability of the Agency and improve needs-based budgeting practices, Justice Matters met with the Acting (Interim) Executive Director to determine training and mentoring needs of FLAA finance and management personnel needed during the drafting, submission, and negotiation of the FLAA budget. Based on these discussions Justice Matters drafted a scope of work for a Needs-based Budgeting Expert to guide the Agency through their 2021 budget drafting and to facilitate subsequent negotiations and meetings with the Ministry of Finance. Delivery of training and mentoring by the expert will commence in January 2020.
To supplement ongoing and future training and mentoring activities supporting improved financial sustainability and resource management, Justice Matters convened a stakeholder coordination meeting in November 2019 with representatives from the FLAA, KBA, and University Live Legal Clinics to continue information exchanges amongst practitioners providing legal aid and information services. By promoting cost-saving joint activities, primarily through support of activities implemented through the Live Legal Clinics, the Agency can better allocate resources to areas of Justice Matters facilitates local stakeholder need and leverage existing partnerships to maximize the reach meeting on leveraging joint activities with and impact of the FLAA. Throughout implementation of the FLAA, KBA, and Legal Clinics. Justice Matters Activity, increased collaboration between FLAA Regional Offices and local KBA lawyers, CSOs, and Law Faculties has augmented the outreach capacity and dissemination of legal information related to the Agency’s services to vulnerable communities. Justice Matters will continue supporting increased collaboration and leveraging of joint activities among local institutional and civil society stakeholders as a low-cost high-impact solution to addressing the needs of justice seekers despite the resource limitations of the FLAA.
Activity 1.2: Institutional Capacity of the Council Strengthened This quarter, Justice Matters continued activities under Activity 1.2 without the formal appointment of a full Legal Aid Council and with the FLAA led by an Interim Executive Director. In line with Justice Matters’ adaptive management principles, the Chief of Party (COP) continued empowering the Legal Aid Council Transition Team and Acting leadership of the Agency by aligning priorities and implementation actions within the approved transitional decision-making structures. Given the delays in appointing a full Legal Aid
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Council and naming an Executive Director for the FLAA, the Transition Team is key to maintaining momentum on key legal aid priorities and securing buy-in of council members who have already been appointed.
Table 1: FLA Council Transition Team Meetings Date Topic October 22, 2019 Evaluation of implementation of 2015-2019 FLAA Strategic Plan November 13, 2019 Review of FLAA Regulations December 18, 2019 Presentation of (Acting) FLAA Executive Director 2020 Strategic Action Plan and findings of Mapping of Community Justice Needs.
The Transition Team met three times this quarter in meetings facilitated by Justice Matters to establish key short- and medium-term priorities for the Legal Aid Council and the FLAA. In addition to establishing 2020 priorities including key regulatory reforms and the Executive Director’s Action Plan guiding FLAA implementation of activities, the Transition Team also used the meetings as an opportunity to review and reflect on the progress towards goals and priorities as identified in their 2015-2019 Strategic Plan. Overall, the Transition Team noted progress in strengthening the Legal Aid system and FLAA over the 5-year period, especially in the final years of the period due to increased donor support for reforms. The Transition Team will continue to meet and prepare, and draft needed regulatory changes or updates to be adopted by the Legal Aid Council once they are fully appointed by the Assembly.
To support the Transition Team, and ultimately full FLA Council, oversight of the FLAA, Justice Matters’ Sr. Strategic Advisor was mobilized to support the FLAA Acting Executive Director in drafting a 2020 Strategic Action Plan. The Strategic Action Plan was based on identified regulatory reform priorities identified by the FLA Council during their October and November meetings and designed to guide the FLAA and its interim leadership according to the authorities outlined by law under the oversight of the FLA Council. Key priorities included in the Strategic Action Plan included MCLE for legal officers, outreach strategy, and preparation of the 2021 FLAA Budget. A draft Action Plan was presented to the Transition Team during its December meeting and a revised version of the Plan will be finalized in January 2020 for Transition Team approval.
Activity 1.3: Legal Aid Provider Accreditation & Lawyer Mobilization Strengthened Justice Matters will continue to work with the FLAA and Legal Aid Council Transition Team to strengthen existing accreditation mechanisms including the adoption of new regulations, specifically robust and uniform criteria for accreditation, development of compliance standards, and development of informational and outreach materials. Given ongoing delays in appointing the new members of the Legal Aid Council by the Assembly, no official regulatory updates have been adopted to advance accreditation of qualified CSO legal aid providers. However, Justice Matters has worked with the Executive Director of the FLAA and the Transition Team to develop uniform criteria for accreditation, compliance standards, and outreach and information campaigns for approval by the Council once appointed. In the interim, Justice Matters, with the consent of the FLAA Acting Executive Director, has encouraged the Agency to operate under the draft accreditation criteria until formal approval by the Council.
Activity 1.4: Legal Aid Coordination Mechanism Activated Without the appointments for the new Legal Aid Council in place, Justice Matters did not undertake new activities in support of the Legal Aid Coordination Mechanism. Key priorities for Justice Matters support to the Coordination Mechanism include promoting FLAA leadership in the accreditation of legal aid providers and the enforcement of professional standards for legal aid providers, both of which will require the appointment of the new Legal Aid Council for approval and implementation. Justice Matters continued
Page 5 USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019 discussion of key priorities for the Mechanism and its members through the Legal Aid Council Transition Team.
Objective 1 Lessons Learned and Next Steps: With departure of Executive Director and selection of an interim Executive Director of the FLAA, the importance of the Transition Team’s oversight role has increased. Developing Strategic Action Plans and guiding the Acting Executive Director during this transitional leadership period will be key not only to maintaining momentum for reform but ensuring that all actions taken are in line with the proper authorizations according to the law. While the FLA Transition Team identified increased progress towards the strategic goals stated in the expiring 2015-2019 Strategic Plan, especially in the last two years, due in large part to increased donor support, the FLAA will still require additional resources and improved resource management to fully accomplish the priorities set out by the FLA Council and Agency. Improving needs-based budgeting and increasing low-cost joint FLAA, KBA, and CSO initiatives will be critical to expanding FLAA services and information to vulnerable communities. Next steps –To support ongoing budget negotiations with GOK, Justice Matters will mobilize a needs-based budgeting expert to support FLAA in preparing, justifying, and negotiating the Agency’s 2021 budget. Pending approval of a duly appointed Legal Aid Council and/or new Executive Director of the Agency, Justice Matters will initiate training for FLAA personnel responsible for the intake, review, and compliance oversight for CSO accreditation applications under the planned transparent accreditation process. In line with the Acting Executive Director’s Action Plan, Justice Matters will support the development of MCLE framework for legal aid officers and, in coordination with GIZ and other donor agencies, provide training to FLAA personnel where needed. Additionally, Justice Matters will continue building legal aid networks by bringing together institutional, CSO, university, and practitioner stakeholders to increase the capacity to meet growing legal aid needs.
OBJECTIVE 2: ENHANCE THE QUALITY AND RESPONSIVENESS OF LEGAL AID SERVICES Objective 2 activities will enhance the quality, availability, and responsiveness of legal aid services in Kosovo by: (1) identifying justice needs throughout Kosovo and within its marginalized communities; (2) integrating legal aid work into law school curricula and support to university live legal clinics; (3) increasing access to legal aid services across Kosovo; and (4) increasing the professionalism of legal aid service providers. Technical assistance under Objective 2 will improve both the quality and quantity of legal aid services and provide opportunities for law students and young lawyers interested in legal aid work. The key activities implemented by Justice Matters during Year 2, Quarter 2 include the following:
Activity 2.1: Legal Aid Needs of Vulnerable Communities Identified Mapping of Community Justice Needs In December 2019, the Justice Matters Activity completed the Year 2 Community Justice Needs Mapping to identify the most pressing legal aid needs of Kosovo’s citizens. The Justice Matters team conducted key informant interviews (KII), focus group discussions (FGD), and sent out 345 questionnaires across Kosovo’s seven regions to collect the necessary data from July to October 2019. While much of the data indicated continuity with 2018 results, dispute prevalence and likelihood of action rose from 85% to 91% and 63% to 68% respectively. Changes were also recorded in the reasons for not taking legal action, with loss of faith in obtaining a remedy rising and lack of information falling. Additionally, the surveys found that
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92% of respondents who had utilized free legal aid services were satisfied with them. All this data suggests opportunities to combat the loss of faith with increased distribution of legal aid information and increased availability of legal aid services in vulnerable communities. Based on the data collected, priority areas of information include administrative disputes, domestic violence, theft, labor and property disputes, and access to legal information among women, Ashkali, and Roma communities. By focusing on expanding access to legal aid information, improving the quality of legal representation, and increasing the trust in legal aid and justice sector institutions, the Justice Matters activity aims to reduce disillusionment from justice seekers and bridge the gap for legal representation among Kosovo’s most vulnerable groups and communities.
Key findings of the Mapping Report were disseminated to local counterparts through a series of 5 roundtables hosted in Prizren, Gjilan, Mitrovica, Peja, and Gjakova as well as being shared with FLAA leadership and regional officers during a Monthly Operational Strengthening Workshop and with the FLA Council Transition Team during their December meeting. The roundtables provided stakeholders including the FLAA, local KBA lawyers, judges, CSO partners, and local universities a forum to discuss the key findings and brainstorm solutions that their respective organizations and institutions could jointly implement to Justice Matters shares key findings during address priority legal aid concerns. roundtable in Gjilan.
Activity 2.2: Legal Aid Work Opportunities for Law Students Provided Throughout the past quarter, Justice Matters supported legal clinic education for Kosovo’s law students delivered through legal clinic programs at public law faculties. In October 2019, with Justice Matters support, legal clinic programs in Peja (1 civil law and 1 criminal law clinic), Prizren (criminal law), and Gjilan (criminal law) began with 53 clinic students enrolled. Each legal clinic is directed by a university appointed Legal Clinic Coordinator who in collaboration with Justice Matters personnel, designs an 8 to 10 session clinic syllabus including lectures from experts, site visits to justice sector institutions, and community outreach and legal information campaign activities. To support the long-term viability and sustainability of the legal clinic programs, Justice Matters mobilized a legal clinic education expert to develop sustainability and institutionalization plans for each clinic program through consultation with legal clinic coordinators, the KBA and CSO legal aid providers, and private sector employers of law graduates. The final plans will be shared with legal clinic partners in January 2020 and Justice Matters will work with universities to implement the recommendations. Clinic programs at the University of Pristina have already made substantial progress towards sustainability and local institutionalization and will no longer require Justice Matters financial support when the clinic begins in the Spring and will only require minimal technical support in developing and implementing the curriculum.
In November 2019, Justice Matters in collaboration with the legal clinic at the Ukshin Hoti University in Prizren, hosted an open clinic hours session for community members to receive free legal information and aid from clinic students under the supervision of KBA lawyers. In total, 15 low-income citizens and members of marginalized communities signed up for Open Legal Hours on November 21, 2019. Open Legal Hours create an opportunity for those in need of legal aid to receive free legal aid services and information expanding access to legal aid resources, improving legal literacy in vulnerable communities, and fostering a pro-bono culture among legal professionals, while provide practical learning opportunities for law students in Kosovo.
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Activity 2.3: Access to Legal Aid Services Increased Monthly Operational Strengthening Workshops: In October 2019, Justice Matters facilitated the 11th Operational Strengthening Workshop for the FLAA regional offices. Regional Officers use the workshops as a problem-solving forum to discuss approaches and best practices to resolve common issues faced in providing legal information to citizens in their regions. In October, the 23 Legal Officers and representatives from FLAA mobile offices discussed case monitoring and reporting from the regional offices.
During the 12th Operational Strengthening Workshop facilitated in November 2019, 29 representatives from FLAA leadership and regional offices discussed training needs for FLAA staff in preparation for discussions with the FLA Council on MCLE requirements for legal aid officers. Additionally, Justice Matters COP briefed FLAA regional representatives on the upcoming Human Rights Week and the planned activities developed and implemented in partnership with the FLAA and CSO stakeholders. November Operational Strengthening Legal Aid First Response Hubs: Workshop in Pristina. In the October to December 2019 period, Legal Aid First Response Hubs reported a stable level of activity and number of beneficiaries reached from 14 hubs. Using paralegals mobilized by ERAC CSO partners, the First Response Hubs provide vital legal information and referral services to vulnerable and marginalized communities, especially those without immediate access to FLAA resources. In the past quarter, the First Response Hubs reported 526 unique beneficiaries seeking legal information or services. Of those 526 beneficiaries, 57 of them (10.83%) were directly referred to their local FLAA regional office for additional information or assistance. Month Beneficiaries Receiving Legal Aid Beneficiaries Referred to FLAA Information October 2019 185 13 November 2019 168 25 December 2019 173 19
First Response Hubs are targeting information and assistance towards vulnerable groups and communities identified as priorities through the Mapping of Community Justice Needs, primarily the Roma and Ashkali communities, women, and the Serb community. Justice Matters will continue to work with the First Response Hubs to continue and improve data collection and ensure that legal information resources developed by Justice Matters and CSO partners are widely available and distributed through the hubs.
Fostering KBA Pro-Bono Culture: On November 23 and 24, 2019, Justice Matters facilitated and supported a two-day workshop for KBA’s Young Lawyers Committee. Participants collaborated to draft a work plan to promote pro-bono services among lawyers, increase legal literacy among marginalized and disadvantaged communities, and empower
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Kosovo’s young generation of legal professionals. Young lawyers in Kosovo are more likely to be interested in and willing to participate in pro-bono legal aid service delivery. By engaging the Young Lawyers Committee, Justice Matters will not only increase the availability of legal aid services for justice seekers in the near-term but foster a culture of pro-bono service in the next generation of KBA leadership. KBA’s Young Lawyers Committee is an organization meant to attract young lawyers to become active and engaged in the legal community while fostering educational growth and gaining meaningful experience. In addition to support for the Young Lawyers Committee, Justice Matters also facilitated two KBA Young Lawyers Committee at information sessions for local KBA lawyers in Peja and Prizren November Workshop in October to inform them about the outreach, legal education, and legal aid service activities being sponsored through the Live Legal Clinics with KBA support including the Open Clinic Hours activities. By engaging KBA lawyers in the communities where legal clinics are operating, Justice Matters will foster increased engagement and encourage participation of KBA lawyers in an increasing number of pro-bono activities.
Following a request from the KBA, Justice Matters’ Sr. Strategic Advisor was mobilized in December to assist the KBA Executive Director in development of a 2020 Strategic Action Plan to strengthen the role of KBA-licensed lawyers in the legal aid system and improve the quality of services available to legal aid recipients. This includes increase in KBA pro-bono activity in partnership with FLAA regional offices, ERAC CSO partners, and Live Legal Clinics as university law faculties. Following meetings and preparation of a draft strategic action plan in December, the final 2020 Strategic Action Plan will be delivered to KBA for final approval and adoption next quarter. Harmonizing KBA and FLAA priorities and approaches to improving legal aid provision will increase the availability of legal aid services, especially in vulnerable groups and communities.
Activity 2.4: Professionalism of Legal Aid Practitioners Increased This quarter, Justice Matters continued to support the FLAA with the collection of client feedback in all seven of the FLAA regional offices to ensure quality legal advice and information is received by those coming to the Agency seeking help. Justice Matters also worked with FLAA and its regional officers to identify training needs for FLAA staff as part of a potential MCLE requirement for legal aid officers. The MCLE requirements for legal officers are a 2020 reform priority identified by the FLA Council Transition Team and a key part of the Executive Director’s 2020 Strategic Action Plan developed with the support of Justice Matters’ Sr. Strategic Advisor.
Objective 2 Lessons Learned and Next Steps: Kosovo’s young lawyers have shown a consistent appetite for engaging with Justice Matters in pro-bono activities including informational campaigns and delivery of legal services through the clinic programs. To fully utilize this energy, Justice Matters has engaged the KBA young Lawyers Committee and will continue to encourage and guide young lawyers looking to contribute to Kosovo’s vulnerable communities. Clinic programs are becoming increasingly self-sustaining with University of Pristina no longer requiring Justice Matters financial support. However, financial sustainability is only part of the equation and additional support will be required for ensuring legal clinics maintain high-quality curricula and engage in community outreach and legal aid activities. By focusing on the
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sustainability of local legal clinics, Justice Matters hopes to institutionalize a key mechanism for convening FLAA, KBA, and CSO support for vulnerable communities. Next Steps – Justice Matters will support outreach and legal literacy events facilitated through 4 university live legal clinic programs throughout the fall semester including implementing Open Hours events for community legal aid seekers to receive advice and information in Prizren. Justice Matters will also support planning for the annual Mock Trial competition between partner legal clinics. In collaboration with the KBA, Justice Matters will incentivize increased pro-bono service from lawyers through recognition of pro-bono activity in the KBA magazine and continued engagement with the KBA Young Lawyers Committee. Additionally, Justice Matters will continue to support ERAC partner CSOs who provide paralegals that operated the Legal Aid First Response Hubs by strengthening reporting mechanisms and highlighting impact by featuring legal aid success stories.
OBJECTIVE 3: STRENGTHEN LEGAL LITERACY AND CITIZEN EMPOWERMENT Objective 3 activities will strengthen informed demand to improve legal literacy and empower citizens by providing actionable legal information, leveraging existing information platforms, and activating CSO networks, grassroots organizations, and young people to deliverable information on legal rights to Kosovo’s citizens and marginalized communities. Through grants to CSOs, Justice Matters supports the design and implementation of a holistic legal literacy campaign directly addressing identified community justice needs. Additionally, activities under Objective 3 will support coalition building activities to ensure budget advocacy efforts of FLAA and KBA are mutually-reinforcing and promote evidence-based justifications for increased GOK funding for legal aid. The key activities implemented by Justice Matters during Year 2, Quarter 2 include the following:
Activity 3.1: Legal Literacy Increased FLAA and ERAC Outreach in Disadvantaged Communities Justice Matters implements outreach events targeting vulnerable and disadvantaged communities in line with the joint strategy for legal literacy. Justice Matters implements all outreach activities in conjunction with FLAA personnel, representatives from civil society, and where appropriate, local KBA lawyers and legal clinic representatives. By including a broad spectrum of stakeholders, Justice Matters promotes inter- institutional cooperation and ensures harmonization in communication with vulnerable communities regarding their legal rights and legal services available to them.
On October 10th, 2019, representatives from Justice Matters, ERAC, and the FLAA facilitated two legal information sessions for the Serb Community in the Gjilan region. At the Partesh Cultural Center, FLAA personnel from the Gracanica mobile office disseminated information on the right to free legal aid and the FLAA’s services to 21 community members who were encouraged to pursue their rights and not abandon legal action due to disillusionment. At the Ranillug Municipal Assembly, Justice Matters facilitated another information session for 15 members of the Serbian Community as well as local institutional representatives in attendance. FLAA personnel from the Gracanica mobile office engaged in a joint discussion with participants on the role of the Agency and answered participants questions on how to become a beneficiary of the FLAA’s services.
In November and December 2019, Justice Matters facilitated two outreach events for the Roma, Ashkali, and Egyptian communities in Ferizaj and Mitrovica. On November 7th, Justice Matters in collaboration with ERAC, the Ferizaj FLAA Office, and a member of the KBA Young Lawyers Committee disseminated
Page 10 USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019 information on the right to free legal aid including criteria for legal aid, common legal problems, and overcoming challenges to accessing justice for 21 members of the RAE community. Next month on December 5th, Justice Matters and the FLAA regional office in Mitrovica facilitated an event for the Roma and Ashkali Community in Mitrovica’s Roma Mahala to inform them on their legal rights and to disseminate the criteria and requirements for receiving free legal aid.
Left to Right: Tree of Rights Installation in Peja; Information session with the RAE Communities in Ferizaj; and Information session for the Serbian Community in Gjilan.
On October 31, 2019, law students from the Haxhi Zeka University in Peja set up a “Tree of Rights”, an interactive art installation to promote awareness of free legal aid services and the university’s live legal clinic. Students hung pre-written messages about legal rights and legal aid services while citizens were encouraged to write and display their own thoughts about the legal system and the changes they wished to see. Additionally, the law students also disseminated leaflets with further information about the Free Legal Aid Agency (FLAA) and the services offered in Peja. Through this activity, the Justice Matters Activity supports local legal aid providers, informs justice seekers, and empowers the next generation of legal professionals.
To support ongoing in-person outreach activities conducted with the FLAA, ERAC, KBA, and legal clinic partners, Justice Matters supported a series of television and radio broadcasts to highlight stories on the FLAA and right to free legal aid. Beginning in November, the broadcasts disseminated information from FLAA regional officers to the public regarding the criteria for free legal aid, services provided by the FLAA, locations of the FLAA offices (including mobile offices) and stated the Agency’s principles of inclusivity regardless of ethnicity, gender, sexual orientation, disability, or income status.
Improving Distribution of Legal Information To supplement FLAA outreach activities coordinated with key counterpart organizations and institutions, Justice Matters continued improvement of the distribution channels for legal information through its CSO grants program.
Through a grant to Communication for Social Development (CSD), Justice Matters continued dissemination of a manual for youth titled “Your Right is to Know – Use It!”. Targeting Serbian youth in secondary schools, the manual looks to leverage relationship-based networks to improve the dissemination of legal information through family and friends of participating students. In addition, CSD facilitated debates on community rights with local community members and local officials to stimulate discussion and deeper understanding of the legal system and citizens’ rights to CSD Engages Serbian Community youth in access legal resources. Following a final community event discussion on legal rights.
Page 11 USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019 on December 24, CSD has engaged 172 secondary school students, 103 community members, and 41 local representatives in grant activities.
RIT Kosovo’s (AUK College) “Human Rights Education for Vulnerable and Marginalized Groups” project will also target secondary school aged youth to leverage family and friend-based legal information networks for low-income citizens. This quarter RIT-AUK finalized its brochure on legal information and enforcement of legal and human rights. Over the next quarter, RIT-AUK students will disseminate the brochure and engage secondary school students in discussions about legal rights.
The Group for Political and Legal Studies (GLPS) “Improving Access and Responsiveness of Free Legal Aid Services for Women through Awareness and Capacity Building Activities” project began drafting a training module for young women to educate them on the legal resources available in cases of domestic violence. The training module will ultimately be used in schools throughout Kosovo to improve legal literacy of young women and address a key priority area (domestic violence) identified in the Mapping of Community Justice Needs.
Finally, through its grant to the Center for Social Group Development (CSGD), Justice Matters will develop web-based resources for legal information and accessing legal services for the LGBTI community. The centerpiece of the CSGD project will be a mobile app connecting LGBTI justice seekers to legal information, FLAA referrals, and psycho-social support resources through a confidential and secure platform. The app is expected to launch in April 2020 and will serve as a model for developing similar resources for other vulnerable communities.
Activity 3.2: Budget Advocacy Increased In the last quarter, Justice Matters continued to support the collaboration with CSO legal aid practitioners, the KBA, and FLAA by updating the Joint Communications Strategy based on the new findings of the Mapping of Community Justice Needs to harmonize requests for increased funding and ensure strategic priorities expressed in funding requests are mutually reinforcing. To support the Joint Communications and budget advocacy efforts, Justice Matters updated and developed new outreach brochures and posters for use by FLAA, CSO, KBA, and legal clinic partners in their outreach efforts to their constituencies. Justice Matters in collaboration with GIZ, has committed to working with the FLAA on its 2021 budget submission and negotiation (see Activity 1.1) which will be developed according to identified needs and a common outreach strategy that leverages the myriad of organizations and institutions working to improve Kosovo’s legal aid system.
Objective 3 Lessons Learned and Next Steps: Grantees have quality ideas and enthusiasm for implementation of activities but have experienced some delays in fully realizing their plans. Justice Matters will work with current grantees to incorporate adaptive management techniques into program design to ensure distribution of legal information through grants continues despite a complex operating environment. Interactive or visual outreach/legal information activities such as the “Tree of Rights” installation help engage communities in a more active way than traditional dissemination of information. By making communities active participants in an event it increases the likelihood that information is retained and ultimately utilized. Justice Matters will continue to seek innovative ways to engage communities in discussions about legal rights and legal aid. Next Steps – Justice Matters, through the Calendar of Community Events, has several planned outreach events for marginalized and disadvantaged communities that engage CSOs, University Legal Clinics, and KBA practitioners. Justice Matters outreach initiatives will utilize multiple avenues for communication with target communities, with in-person, print, online, and TV
Page 12 USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019
outreach planned for the next quarter. In addition, Justice Matters subgrantees will continue development of legal information distribution channels including a training module for young women and a mobile-app for LGBTI justice seekers.
CROSS-CUTTING ACTIVITIES
Internship Program Justice Matters organized three Monthly Professional Development workshops, for current and previous interns placed through the Justice Matters and JSSP programs. The sessions’ speakers and topics are detailed below: Date Speaker(s) Topic October 29, 2019 Gresa Caka-Nimani – Judge, Constitutional Becoming a judge and breaking gendered Court stereotypes and expectations November 27, 2019 Sahit Bajraktari – Legal Sector Manager, BPB Jurist careers in banking and financial Bank institutions and career milestones. December 12, 2019 Ibrahim Maloku and Blerand Rrmoku – Importance of case screening and Backlog Reduction Officers management
Justice Matters continued to recruit and place interns with key program counterparts in Year 2 Quarter 2. Overall 14 interns were placed this quarter with the FLAA regional offices, University Legal Clinics, ERAC CSOs, and with the KBA.
Challenges • The FLAA is now operating under a transitional leadership structure with an Acting Executive Director and only one member approved on the FLA Council. The Transition Team has assumed increased oversight functions over the FLAA in the absence of a duly appointed full-time Executive Director. While Justice Matters has been able to maintain progress towards key goals and objectives, additional attention will be required to ensure all actions taken are in line with proper decision-making and implementation channels as approved under Kosovo law. However, until a full-time Legal Aid Council is appointed by the Assembly no major regulatory changes including those designed to streamline and strengthen service provider accreditation and mobilization will be delayed.
• Key CSO Partner ERAC is expected to see a gap in core funding. While additional funds for the coalition are expected soon, it may affect their ability to maintain operations at a consistent level. In response Justice Matters will work with ERAC to support key Justice Matters initiatives until core funding is secured and normal operations and activity can resume.
Page 13 USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019 SECTION II - REPORTS AND DELIVERABLES
REPORTS AND DELIVERABLES PRODUCED THIS QUARTER
# Name Quarter English Albanian Croatian/Bosnian/ Serbian/Romanian 1.1 FLAA Action Plan 6 1.2 Live Legal Clinic Presentation 6 1.3 FLAA Regulations and Strategic Plan Eval 6 1.4 Live Legal Clinic Activities (Oct-Dec 2019) 6 1.5 First Response Hubs Reports (Oct-Dec 2019) 6 1.6 CSD Community Rights Manual 6 1.7 RIT Kosovo Defend Your Rights Brochure 6 1.8 FLAA Informative Poster 6 Preliminary Mapping of Community Justice Needs 1.9 6 Brochure Monthly Professional Development Workshop 1.10 6 Materials 1.11 Training Needs Assessment Form 6
Page 14 USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report January 15, 2019 SECTION III – PMP PROGRESS
PMP Outcome and Indicator Chart included as ANNEX 1.
Page 15 USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report October 15, 2019
ANNEX 1 – Outcome and Indicator Chart Expected Result Indicator Data Source & Type Baseline Target Actual Target Actual Target Collection (Output or Year 1 Year 1 Year 2 Year 2 Year 3 Method Outcome) & Frequency Goal-Level and Cross-Cutting Indicators 1. Legal aid system Number of legal institutions Self-reporting by Output 0 7 7 7 7 strengthened. and associations supported Justice Matters by USG (Objectives 1 & 2 Activities) Max. = Est. 71 2. Professionalism Number of justice sector Justice Matters staff Output 0 90 104 90 90 of justice sector personnel trained with USG through use of personnel assistance. participant sign-in At each 60 Men/30 69 50 45 Men/45 increased. sheets at Justice training Women Men/35 Men/40 Women Disaggregated by gender, Matters-sponsored Women Women (Activities 1.1, 1.3, ethnicity, and institution or training events. 2.3, 2.4) profession.
F indicator DR.1.3-1 3. Law students Number of current law Justice Matters staff Output 0 20 35 20 20 mobilized. students or recent law through records of graduates enrolled in USG internship At each (Internship supported internships. placement. placement program) Disaggregated by gender, ethnicity, institution of placement Objective 1: Strengthen the Capacity of Kosovo’s Legal Aid System 4.Financial Level of effectiveness of Justice Matters staff Outcome 0 5 or 33% of 6 9 or 60% 12 or 80% sustainability and budget planning, through annual overall of overall of overall resource management, and utilization evaluation of FLAA Annually score score score management by FLAA effectiveness under strengthened. each criterion. Max = Est. 152 (Activity 1.1) 5. Effectiveness of Percentage of management Roundtable review Outcome 4 7 or 33% of 10 14 or 66% 17 or 81%
1 Institutions and associations supported include: FLAA, KBA, and five public universities (Pristina, Peja, Prizren, Gjilan, Mitrovica). 2 Milestones defined in consultation with FLAA. The effectiveness scale will track five criteria: (1) needs-based budgeting, (2) budget justification, (3) budget advocacy, (4) budget execution/utilization, and (5) internal control and resource management. For each criterion score ranges from 0 (no action) to 3 (completed).
ANNEX 1 – Outcome and Indicator Chart USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report October 15, 2019
Legal Aid Council systems and capacity of Institutional maximum of of improved. elements rated as Capacity Index by a Annually score maximum maximum “functioning” or panel of Legal Aid score score (Activity 1.2) “performing” on Legal Aid Council and Justice Council Institutional Matters Capacity Index representatives and one external Max. = Est. 21 evaluator representing other donor projects 6. Legal aid Number of milestones Justice Matters staff Output 0 5 or 50% of 6 9 or 90% 10 or 100% providers achieved on accreditation through recording milestones of of accreditation system scorecard. of completion date Upon milestone milestones system of milestone and completion of s established. Max = Est. 103 review of a milestone supporting (Activity 1.3) documents. 7. Availability of Number of CSOs accredited Justice Matters staff Output 0 0 0 3 7 legal aid providers to provide legal aid review of FLAA increased. according to the Law of Free records of Annually Legal Aid accreditation. (Activity 1.3) Disaggregated by location of organization and vulnerable sub-groups served 8. KBA Percentage of KBA-licensed Justice Matters staff Outcome 1.18% 2% 6% 3.5% 5% participation in lawyers participating in legal review of FLAA legal aid system aid and pro bono database against Quarterly increased. representation KBA membership list and review of (Activity 1.3) KBA records. 9. Inclusiveness of Number of institutions or Justice Matters staff Output 9 11 9 13 15 legal aid organizations participating in through review of coordination Legal Aid Coordination membership and Annually mechanism mechanism. attendance records. improved. Max. = Est. 154 (Activity 1.4) Disaggregated by type.
3 Milestones finalized in consultation with FLAA in Year 1 and include all steps necessary to establish criteria for accreditation, de-accreditation, and re-accreditation; the process of application for accreditation; the procedures for review and verification of accreditation requests; and a review procedure to adjust the accreditation system after the first accreditation. 4 No records of membership currently maintained consistently. Actual count re-verified in Q1.
ANNEX 1 – Outcome and Indicator Chart USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report October 15, 2019
10. Effectiveness Percentage of decisions of Justice Matters staff Outcome 0 50% 75% 60% 75% of legal aid the Legal Aid Coordination through review of coordination Mechanism resulting in review of meeting Annually mechanism action minutes and improved. records from participating (Activity 1.4) organizations. Follow up verification conducted as needed. Objective 2: Enhance the Quality and Responsiveness of Legal Aid Services 11. Opportunities Number of law students Justice Matters staff Output 0 100 160 100 100 for law students completing live legal clinics review of increased. supported by the program enrollment and After attendance records completion of (Activity 2.2) Disaggregated by gender, from partner each ethnicity, and university university. semester 12. Opportunities Number of live legal clinic Justice Matters staff Outcome 0 33% of 36% 50% of 50% of for law students students participating in legal review of program enrolled enrolled enrolled increased. aid or legal literacy activities. records and Annually clinic clinic clinic records of program students students students (Activity 2.2) Disaggregated by gender, partners, partner ethnicity, and university universities, and legal aid institutions. Field monitoring will also be conducted for verification of actual participation.
13. Effectiveness Percentage of management Roundtable review Outcome 2 10 or 33% 15 18 or 60% 25 or 83% of FLAA systems and capacity of Institutional of of of improved. elements rated as Capacity Index by a Annually maximum maximum maximum “functioning” or panel of FLAA and score score score (Activity 2.3) “performing” on FLAA Justice Matters Institutional Capacity Index representatives and one external Max. = Est. 30 evaluator representing other donor projects 14. Legal aid Number of individual/groups FLAA statistical Outcome 3,381 10% 31% 15% 25% services effectively from low income or reports collected (2017) increase increase increase increase delivered. marginalized communities on a monthly basis Monthly
ANNEX 1 – Outcome and Indicator Chart USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report October 15, 2019
who received legal aid or from FLAA (Activity 2.3) victim’s assistance with USG database. support. Verifications will be F indicator conducted to avoid DR.6.3-1 Disaggregated by gender, data errors or location, sub-group targeted, missing data. legal aid service provider 15. Legal aid Number of justice seekers Referral data from Outcome 0 0 0 10 30 services referred to accredited CSO FLAA, ERAC, and expanded. providers for legal aid other program- Monthly services with program supported (Activity 2.3) support. organizations.
Disaggregated by gender, location, sub-group targeted, legal aid service provider 16. Legal aid Percentage of legal aid users Survey conducted Outcome 0% 0% 0% 70% 85% services effectively reporting satisfaction with twice a year delivered. services through legal aid Twice a year providers among a (Activities 2.3 & Disaggregated by gender, representative 2.4) ethnicity, and profession. sample of beneficiaries in the past six months.
17. Professional Number of milestones Justice Matters staff Output 0 1 or 10% of 1 5 or 50% 10 or 100% standards for legal achieved on Legal Aid through recording milestones of of aid providers Provider Professional of completion date Upon milestone milestones established. Standards scorecard. of milestone and completion of s review of a milestone (Activity 2.4) Max = Est. 105 supporting documents. 18. Knowledge Percentage of trained legal Justice Matters Outcome 0% 50% 91% 50% 65% and skills of legal aid professionals reporting administered aid professionals knowledge retention and survey of Twice a year improved. utilization following representative program-supported training. sample of training (Activity 2.4) beneficiaries Disaggregated by gender, conducted twice a ethnicity, year. institution/organizations
5 Milestones finalized in consultation with FLAA and KBA in Year 1 and include all steps necessary to establish professional standards for legal aid providers, including code or standards of professional ethics, training requirement, standards of service quality, compliance monitoring mechanism, and impact on accreditation.
ANNEX 1 – Outcome and Indicator Chart USAID Contract 72016718C00002 National Center for State Courts Justice Matters – Quarterly Report October 15, 2019
Objective 3: Strengthen Legal Literacy and Citizen Empowerment 19. Legal literacy Number of legal literacy Copies of event Output 0 6 15 12 18 increased in target campaigns implemented with reports prepared communities. program support or collected by Upon Justice Matters staff completion of (Activity 3.1) each event 20. Awareness of Percentage of citizens in Survey of Outcome 43% 43% 43% 48% 53% legal aid services target communities who community justice increased in target report knowledge of right to needs administered Annually communities. a lawyer and to free legal aid annually in target communities using (Activity 3.1) Disaggregated by gender, both qualitative and geographic location, and quantitative vulnerable sub-group targeted methods. Data collected, reviewed and analyzed by Justice Matters staff
21. Likelihood of Percentage of citizens in Survey of Outcome 74% 74% 74% 78% 82% use of legal aid target communities who community justice services increased report trust in lawyers and needs administered Annually in target free legal aid services to annually in target communities. obtain legal services/advice. communities using both qualitative and (Activity 3.1) Disaggregated by gender, quantitative geographic location, and methods. Data vulnerable sub-group targeted collected, reviewed and analyzed by Justice Matters staff 22. Budget Percentage increase of Records of official Outcome 323,273 0% 5% 2% 5% increase allocation for legal budget allocated to legal aid. budget allocation to Euros increase increase aid increased. legal aid. Annually at (2018) (337,898 the time of Euros) (Activity 3.2) budget allocation
ANNEX 1 – Outcome and Indicator Chart