Decree project incentivizes disabled people's role in public contracting

Colombia's National Public Contracting Agency, Colombia Compra Eficiente, has released a draft decree to boost the involvement of people with disabilities in state procurement processes. Pushed by President Gustavo Petro, it aims to implement a 2013 law long overdue. Director Cristóbal Padilla stressed it as a duty to uphold fundamental rights.

Colombia's National Public Contracting Agency—Colombia Compra Eficiente—has unveiled a draft decree aimed at encouraging the participation of people with disabilities (PcD) in state contracting, addressing a long-standing exclusion in this area.

The initiative implements Law 1618 of 2013, which mandates affirmative measures to enable PcD access to public purchases—a regulation pending full enactment for 13 years. The agency's director, Cristóbal Padilla, stated: “it is an overdue obligation to be fulfilled. Failing to do so would go against fundamental rights that, as the Colombian State, we must guarantee.”

The draft emerged from consultations with various sectors, including infrastructure, where feedback was incorporated through working sessions. It also stems from a Council of State ruling that faulted the government for lacking regulation, thereby infringing on PcD rights.

The Superintendency of Industry and Commerce endorsed the project, noting it fosters effective equality and removes structural barriers, in line with constitutional principles of equality and the right to work. Participation is voluntary; options like incentives for small businesses or women-led firms remain available.

Colombia Compra Eficiente dismissed claims linking this inclusion to corruption as unfounded. DANE data for 2025 show a 9.0% unemployment rate among PcD, higher than for those without disabilities. The Health Ministry indicates 68.2% are jobless, with 49.7% of employed PcD in informal work.

Padilla emphasized that these steps shift contracting toward a social and environmental focus, adding: “Incorporating affirmative measures for vulnerable populations does not violate the principle of objective selection or free competition, but achieves material equality for people with disabilities.” This empowers PcD to operate as entrepreneurs, beyond mere employment.

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