Deputy of the Jogorku Kenesh Dastan Bekeshev presented amendments to the Law "On Public Procurement," which are currently under public discussion on the parliament's website.
Content of the Proposals
The proposed amendment to Article 12 of the law requires that procurement documentation includes mandatory conditions for ensuring the accessibility of goods, works, and services, as well as creating conditions for unobstructed access for people with disabilities to relevant facilities.
These requirements comply with the norms of the UN Convention on the Rights of Persons with Disabilities and the legislation of the Kyrgyz Republic regarding the rights and guarantees of persons with disabilities, with an emphasis on the principles of universal design.
When procuring construction works (including design, reconstruction, and major repairs of buildings) or technical goods and services that may affect the accessibility of the physical environment, the documentation must contain clear technical specifications to ensure accessibility for all categories of citizens with disabilities.
Goals of the Initiative
According to the explanatory note, the main goal of this draft law is to ensure the realization of the constitutional right of persons with disabilities to free access to social and transport infrastructure facilities, as well as to goods and services funded from the state budget. This should be achieved by integrating accessibility requirements into the public procurement system of Kyrgyzstan.
To achieve this goal, the following tasks are set:
creating a legal framework for the mandatory inclusion of accessibility requirements, including universal design, in public procurement documentation;
increasing the efficiency of budget spending by preventing the creation of new inaccessible facilities and minimizing the need for subsequent adaptations;
aligning national legislation with international obligations arising from the ratified UN Convention on the Rights of Persons with Disabilities.
The explanatory note emphasizes that the current law does not contain clear provisions obligating procurers to consider accessibility requirements when forming the subject of procurement and drafting technical specifications. This leads to the neglect of the needs of persons with disabilities when conducting procurements for construction works, transportation, and information technologies. The adoption of this draft law will eliminate barriers at the planning and design stages and ensure that all newly created or reconstructed facilities comply with the principles of universal design.
The draft law contributes to the implementation of Article 9 of the UN Convention, ensuring free access for persons with disabilities to the physical environment, transport, information, and services funded by the state. This will improve their social integration and access to education, employment, and medical services. The adoption of the law also reduces reputational and legal risks for the state and optimizes budget expenditures by eliminating costly post-factum adaptations of facilities, as considering accessibility requirements at the design stage proves to be significantly cheaper.
The target audience primarily includes persons with disabilities; however, the principles of accessibility are also beneficial for elderly citizens, parents with strollers, and people with temporary limitations, which overall improves the comfort of the urban environment.
The implementation of this mechanism into the Law "On Public Procurement" aligns with international standards of countries that have ratified the Convention (including EAEU and European Union member states), where the public sector is a driving force in creating an accessible environment. This provision represents the fulfillment of the country's international obligations.
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