Essence of the Proposals
The proposed amendments concern Article 12 and suggest that:The procurement documentation must include requirements aimed at ensuring the accessibility of goods, works, and services, as well as conditions for the unhindered access of persons with disabilities to facilities related to the procurement.
These requirements will comply with the norms of the UN Convention on the Rights of Persons with Disabilities, as well as the legislation of the Kyrgyz Republic on the rights and guarantees of persons with disabilities, while taking into account the principles of universal design.
When procuring construction works (including design, reconstruction, and major repairs) or technical goods and services that may affect access to the physical environment, transport, information, and communication, the documentation must contain clear technical requirements ensuring accessibility for all categories of persons with disabilities.
Goals of the Amendments
According to the justification for the bill, its main goal is to implement the constitutional right of persons with disabilities to free access to social, transport, and engineering infrastructure facilities, as well as to goods and services financed from the state budget, by integrating accessibility requirements into the public procurement system of the Kyrgyz Republic.To achieve this goal, the following tasks have been identified:
- creating a legal framework for the mandatory integration of accessibility requirements, including universal design, into public procurement documentation;
- increasing the efficiency of budget expenditures by preventing the creation of new inaccessible facilities and minimizing the need for subsequent adaptation;
- aligning national legislation with the international obligations of the Kyrgyz Republic arising from the ratified UN Convention on the Rights of Persons with Disabilities.
This bill will contribute to the implementation of Article 9 of the UN Convention, ensuring access for persons with disabilities to the physical environment, transport, information, communication, and services procured by the state. This, in turn, will improve their social integration, opportunities for education, employment, and medical services. For the state, the adoption of the law will reduce reputational and legal risks, as well as help optimize budget expenditures by eliminating the need for costly adaptations of facilities after their creation, as considering accessibility requirements at the design stage is significantly cheaper.
The primary target audience is persons with disabilities. However, the principles of accessibility will also benefit elderly people, parents with strollers, and citizens with temporary limitations, which will overall enhance the comfort of the urban environment.
The implementation of these changes to the Law "On Public Procurement" aligns with the international practices of countries that have ratified this convention (including EAEU and European Union member states), where the public sector plays a key role in creating an accessible environment. It is noted that this initiative is part of the country's fulfillment of its international obligations.
