SEARCH

---

Colombia
2004 IDRM Country Report
	Key Factors: For the last six years more forceful laws and regulations have been developed, enabling a larger number of people with disabilities to access education, public spaces, and the health and social security systems. However, these efforts have been diluted since actions aimed at the inclusion of persons with disabilities are often expensive and, therefore, not a high priority within the government.

Terminology

The current Disability Act does not use the term 'disability' but 'limitation.' This usage extends to the phrase "personas con limitación," which has been translated as "persons with a limitation."2

In addition, the Constitution refers to people with disabilities as "minusválidos", translated as "handicapped." When directly quoting documents, the original language has been preserved.

Definition of Disability

Colombia bases its defi nitions of disability on World Health Organization (WHO) guidelines. Thus, it has been responsive to changes in the concept of disability. Much of Colombia's existing legislation is based on variations of the WHO's ICIDH-1 defi nition. A national plan from the late 1990's follows the ICIDH-1 closely, defi ning disability as "a restriction or lack, resulting from an impairment, of ability to perform an activity in the manner or within the range considered normal for a human being within his or her social context."3

Other documents rely on similar defi nitions. According to Law 762, disability is "a physical, mental, or sensory impairment, whether permanent or temporary, that limits the capacity to perform one or more essential activities of daily life, and which can be caused or aggravated by the economic and social environment."4 Executive Order 1660 allows that "[Disability] is any restriction in participation and relationship to the social environment or any limitation in the performance of daily life activities as a result of an impairment affecting a body structure or the mobility, sensory, cognitive or mental function."5 Although the focus on impairment versus activity restriction varies somewhat between the definitions, they all posit the same basic model of disability.

During the development of recent disability policy, Colombia has used definitions of disability more in line with those provided by the International Classification of Functioning, Disability and Health (ICF/ICIDH-2), where 'disability' is a multi-dimensional phenomenon resulting from the interaction of human beings with their physical and social environment. This policy differentiates the concept of "persons with disabilities" from that of the "disability situation."

Disability Situation: A set of environmental, physical, biological, and social conditions that may affect the autonomy and participation of the individual, family, community, and general population at any given time of the life cycle, as a result of the interactions of the individual with the environment.

Person with Disabilities: A person with disabilities is any person who experiences limitations to the performance of daily life activities and restrictions to social participation due to a health condition or to physical, environmental, cultural, and societal barriers.6

The Presidential Advisory Council for Special Programs, which helped adopt these definitions, has provided technical advise to the National Congress on the amendment of the Disability Act. The resultant Bill 173 of 2004 updates the disability policy framework to correspond to the new model of disability.7

Disability Population

No accurate or current information is available regarding the disability population. The only survey through which the National Statistics Department (DANE) has collected data on people with disabilities was the 1993 Housing and Population Census. The survey instrument included only one question intended to identify the disability population.

As shown in Table One, the number of people with disabilities identified by the 1993 census was 593,618 people, or 1.85% of the population at the time. Based on that rate, the disability population in 2002 would have totaled 813,000.8

Table 1: Results of Housing and Population Census 1993

Kind of Disability	Total	%
Blindness	235,017	34.47
Deafness	169,443	24.85
Speech Impairments	41,315	6.06
Mental retardation or impairment	113,319	16.62
Paralysis or Loss of Upper limbs	60,737	8.91
Paralysis or Loss of Lower limbs	62,007	9.09
Total disabilities	681,838	100
TOTAL DISABILITY POPULATION	593,618

Source: DANE Census 1993

Numerous sources suggest that these numbers are of limited usefulness. The DANE acknowledges that "the methodology used had serious difficulties obtaining such information."9 Moreover, a Ministry of Health report suggests that "due to widespread violence and the conditions of social, economic, technical and demographic development prevailing in the country, the disability issue has become a growing public health problem (Ministry of Health, 1998)."10

The 1993 DANE figures sharply contrast with the WHO estimate that up to 12% of the total population consists of persons with some kind of disability. With a present population of approximately 44 million people, the WHO estimate would imply a disability population of 5,280,000 persons.11

As a result of the lack of information regional governments in the Quindio and the Valle del Cauca districts and in the cities of Soacha and Cundinamarca have undertaken research and surveys on the living conditions of persons with disabilities.12 The regional surveys were conducted using a variety of data gathering strategies as well as different approaches to the concept of disability. As a result, it is not possible either to contrast them or to make any generalizations.

Legislation & Disability Rights

Legal Protections

Colombia has adopted recommendations made by UN organizations, including the International Labor Organization (ILO), the Organization of American States (OAS), and the World Health Organization (WHO). Columbia ratified the OAS Inter-American Convention on the Elimination of all Forms of Discrimination Against Persons with Disabilities through Law 762 in 2002.13 The ratification document has not yet been deposited with the OAS General Secretariat.14

Colombia has been playing an active role in the preparation of a Convention on the Human Rights of Persons with Disabilities as promoted by the United Nations. The government has issued several documents supporting the creation of the convention.

With regard to national legal protections, early legislation provided assistance to the disability population, but it is only with the enactment of the Constitution in 1991 that disability rights became explicitly recognized.

Some sections of the National Constitution make express reference to persons with disabilities. Among these, Section 13 establishes that "the State shall especially protect those persons that due to their economic, physical or intellectual condition may be at a clear disadvantage and shall punish any abuse or ill-treatment against them." Similarly, Section 47 says that "the State shall develop a policy intended to the prevention, rehabilitation and social integration of individuals suffering from physical, sensory or psychiatric impairments, and these will be provided with specialized care as required". In addition, "other fundamental social, economic and cultural rights of a universal nature were also included aimed at encompassing persons with some kind of limitation or disability."15 These include education and employment.16

Along with the Constitution, Colombia has a number of specific laws pertaining to disability issues. The broadest of these laws is Law 361/97,17 which makes reference to the protection of persons with disabilities, specifies various aspects related to their fundamental rights, and establishes obligations and responsibilities of the state. It addresses issues such as prevention, education, rehabilitation, labor integration, social welfare, and accessibility. The law establishes the obligations and responsibilities of the government in allowing persons with disabilities to achieve personal fulfillment and accomplish full social integration.

Law 100/1993, known as the Comprehensive Social Security System Act, establishes health benefits for people with disabilities and general "rights that cannot be waived in order to attain a quality of life that is in accordance with human dignity."18 Some health care financing is provided by Law 643/2001.19 It specifies that 4% of all income from gambling sources allocated to the health sector must be used to subsidize mental health care and care for persons with various types of disabilities.

Orders issued by the former Ministry of Labor20 regarding employment and support for people with disabilities include: 970/1994, which ratified ILO Convention 159; 692/1995, which adopted the Manual for the Qualification of Disability; 97/1999, which created a manual for quantifying lost labor capacity; and 1128/1999, which restructured the Ministry and assigned tasks related to disability issues.21 The promotion of programs providing "education for persons with limitations" is mandated by Law 115/1994, also known as the General Education Act.22 Additional orders and resolutions promote the right of persons with disabilities to education and accessibility to educational institutions. In addition, the Minors' Code, Decree Law 2737/1989, sets forth the responsibilities of the family and the State for the care of children with disabilities.

Law 105/1993 and Presidential Order 1660/2003 provide for accessible transportation.23

By means of Law 324/96, sign language was recognized as the official language of the deaf community. Law 335/1996, which created private television, mandates that television "programs must be captioned or sign language must be included so as to guarantee the access of deaf people or hearing-impaired persons to this service."24

Legislation promoting access of people with disabilities to culture, sports, and recreation includes Law 181/1995.25 Law 582/2000 focused specifically on sports, creating the National Sports System for persons with disabilities and establishing the Colombian Paralympics Committee as the highest sports authority.26 Also, it organized each of the sports federations according to types of disability. Law 397/97 on cultural heritage created the Ministry of Culture and specified "special consideration to persons with physical, sensory or psychiatric impairments."27

With regard to the creation of a coordinated disability policy, Law 361/97 established the National Disability Consultative Committee (CCN), an agency created to act as an advisory unit for monitoring the implementation of all disability-related policies, strategies, and programs.28 Although the law was passed more than six years ago, the National Disability Consultative Committee is not yet operating. At present, the entity in charge of disability issues is the Office of Social Promotion of the Ministry of Social Protection. In coordination with the National Technical Committee, this office is in charge of making and following-up on disability policy.

Both the Constitution and the above laws pertain to government as well as some private institutions. Penalties for noncompliance are provided for in the laws. These penalties include both those of a civil and criminal nature. Most of the time, however, the penalties are not imposed effectively.

Colombia has no entity that records cases of discrimination, abuse, or violence against persons with disabilities. Leaders of the disability community reported that the most effective methods to redress violations of the rights of people with disabilities are commencing summary proceedings intended to protect Constitutional rights (tutela), exercising the right to petition the government, and commencing legal proceedings intended to seek compliance. Several amendments have been made to the Civil Code as a result of Constitutional Court decisions recognizing the rights of persons with disabilities.

Civic Participation

All citizens of Colombia have the right to elect and be elected to public office. Some steps toward the enforcement of these rights for people with disabilities can be seen in the implementation of Braille voting cards for use by people who are blind. The voting cards were first used during the Constitutional referendum in 1991.29

Despite this progress, serious difficulties remain. It is estimated that less than 20% of polling booths are accessible. Architectural and communication barriers are still prevalent. Training of election officials in providing access to persons with disabilities is insufficient. Additionally, information about the overall election process is often not available to the general population and is rarely available in alternative formats.


Inclusion

Communication

The National Institute of Blind People (INCI) has translated the Constitution into Braille since 1992. Copies are distributed to all public libraries and national associations of people who are blind.30 An updated Talking Book version of the Constitution is currently being created using Daisy digital technology.31 One compact disk contains the complete Constitution including comments. Unlike Braille documents, it can be easily and inexpensively updated.

Because the government does not typically communicate its activities in alternative formats, the INCI is also tasked with raising awareness within national, departmental, and local governments regarding the Constitutional obligation to guarantee access to public information. There are some positive examples. The Bogotá Capital District has made efforts to use alternative formats to inform citizens who are visually-impaired about issues pertaining to health, transport, and taxes. However, the government is not yet able to produce such materials on a permanent basis.

Resolution 1080/02 established criteria for television programming for people who are hearing-impaired. Publicly and privately operated national television stations must broadcast at least one accessible daily news program during a time segment with large audiences. Broadcasts may use any information systems available for viewers who are hearing-impaired, including sign language interpreters or closed captioning.

To date, very few national or regional television operators broadcast shows using the closed captioning system. Among those stations that provide the service are the 'Capital de Bogotá' channel, which regularly broadcasts three captioned programs, and the private channels RCN and CARACOL, which broadcast four closed-captioned programs. In January 2004, the CARACOL channel began broadcasting the last national news of the day using the closed captioning system. Some other television programs use sign language interpreting services, as is the case of the Teleantioquia regional channel. However, most national and regional channels do so very infrequently. Presidential addresses or broadcasts from the National Congress are among the occasional broadcasts using the closed captioning system. In addition, the National Television Committee issued Agreement 005 dated 13 March 2003, defining and regulating systems guaranteeing access to the public television service for people who are hearing-impaired. However, the accessible programs promoted through the National Television Committee failed after one year and all newly accessible programs both on private and public channels went off the air.

The Ministry of Communications reports some advances in accessible communication. Technologies like relay services that enable people who are deaf to use public telephones are being implemented and are already operating in the cities of Bogotá and Medell?n. Likewise, the JAWS® software for people who are blind or visually-impaired is expected to be installed on computers in inclusive schools and in strategic locations in municipalities around the country.32

Although aimed at a limited group, some persons who are hearing impaired have begun using pagers and text message-enabled mobile phones. At present, emergency and assistance organizations are not adequately prepared to assist persons with hearing or speech impairments. The National Institute of the Deaf (INSOR) has recommended that these organizations have updated lists of sign language interpreters so that they can be located immediately when needed.33

Education

As with the rest of the disability population, there are no accurate statistics on the number of school-aged children with disabilities. Official statistics from the last census conducted in 1993 indicated that 0.92% of children 6-16 years old have some sort of disability. As with other DANE statistics on the disability population, this figure almost certainly underestimates the number of people with disabilities. Nevertheless, the percentage of students with disabilities attending public schools in 2002 amounted to only 0.32% of the student population. Of 11,781,161 students in the Colombian educational system, 38,000 are students with some kind of disability.34 Conservative estimates suggest that 450,000 children with disabilities may be excluded from the educational system.35

Aware of this situation, the Ministry of Education has set a goal of increasing by 40,000 the number of new places for children with disabilities available at schools. According to the Disability Plan 2003-2006, these additional places should be available by 2006.

Of the children with disabilities who are currently attending school, 30,000 are in elementary schools, and 8,000 attend high schools. Approximately 80% of the students are in inclusive educational settings, and the remaining 20% are taught in special classes within regular schools.36

Each educational institution attended by students with disabilities is required to have a support teacher to guide and support the families of these students.36 In addition, schools are required to be accessible,38 although according to the Ministry of Education, as of 2003, fewer than 20% of schools are accessible. Most of these are located in major cities with a few in small towns.39

Even within those schools that are taking part in the integration process being implemented in the country, teachers lack adequate training to handle the inclusion of students with disabilities. There are few material resources, limited physical space, and few qualified human resources available to provide support services.40 Currently, the Secretary of Education in each department offers training programs depending on teachers' needs. If need for training in special education of children with disabilities arises within a certain department or municipality, the teacher training committee addresses it. Furthermore, there are universities offering special education training programs in the form of undergraduate, postgraduate, and diploma studies.

The Ministry of Education reported that, as of 2003, training of teachers on special education is now covered in the supplementary studies of at least 50% of teacher training institutions and in various university schools of education. These programs are located primarily in those departments where there is an interest in inclusive education. Although only a small number of teachers have so far received special education training, the results of this new initiative should be reflected in the availability of more resources for integration in the future.

There is no early detection program within the school system for children with disabilities. The Ministry of Education, the Ministry of Social Protection and the Colombian Institute for the Family Welfare are currently working jointly to identify and propose assistance alternatives in favor of people with severe disabilities that cannot be integrated into the education system.41

Employment

The unemployment rate reported by DANE fails to include the disability population. However, the National Plan for the Assistance of Persons with Disabilities, 1999-2002 refers to a 1995 demographic survey of people with disabilities in nine regional capitals carried out by Javeriana University with funding provided by the Ministry of Economy. This survey is reported to have found that 67.7 percent of people with disabilities are in need of employment.42 Of

those persons with disabilities who are working, many are underemployed or work informally as peddlers or lottery and raffle sellers. Additionally, some persons with intellectual disabilities participate in sheltered workshops for bookbinding, linen production, painting, or the manufacture of rags. People with disabilities who have access to stable employment constitute a small minority.

This lack of employment opportunity exists despite the presence of employment provisions in both the Constitution and Law 361. Section 54 of the Constitution states that "it is the obligation of the State and of employers to offer vocational and technical training and qualification to those persons requiring them. The State must promote the labor insertion of the active population and guarantee to handicapped persons the right to an employment that is in accordance with their health condition." Furthermore, Law 361 requires the state to "take the appropriate measures in order to create and foster employment for persons with a limitation."

Changes in the national employment policy have begun to take into account the disability population by including training, offering incentives to employers, and fostering the creation of businesses of persons with disabilities by giving access to low-interest loans. Although some recent actions have begun to alter the conditions responsible for the serious unemployment situation of people with disabilities, the core issues remain problematic. Many persons with disabilities are illiterate or have attended school only briefly, and as a result, they are not adequately skilled to be competitive in the labor market. Other difficulties for employment include inaccessible workplaces, training centers, and transportation.43

The National Learning Service (SENA) has begun to assist the disability population as a vulnerable population.44 Assistance available from SENA does not make distinctions as to the kind or origin of the disability. However, SENA does not offer any vocational training or placement programs specifically for people with disabilities.45 There are also several NGOs in the country that carry out training activities to facilitate the social and labor integration of persons with disabilities.

As for job placement, the Employment Information Center interviews persons with disabilities individually to provide them with information about the service and registration in their database. The center does not provide employment intermediation services.46

There is no policy requiring the government to employ persons with disabilities. However, various government agencies have persons with disabilities employed among their staff at the different levels.47 For example, the position of Managing Director of the Transport and Traffic Office of the Ministry of Transportation is currently held by a person with a disability.48

Few private companies employ persons with disabilities, and most corporate policies do not establish that a person with a disability must not be discriminated against on the grounds of disability. Even the telephone company Empresa de Teléfonos de Bogotá (ETB), which does employ people with disabilities, reported that "ETB does not have any non-discrimination (written) policy. The skills, profiles and experience (if required) of applicants are simply reviewed in the selection processes without the disability condition being relevant for us depending on the position to be covered (if a specific physical condition is essential for the position, such condition is certainly assessed, as in the case of employees who must work in the heights, climb up stairs or antenna towers, etc.)."49

Health Services

Law 100 of 1993 provides the statutory framework for the Colombian health system.50 The law guarantees access to health services for all Colombians through the General System of Health Social Security (SGSSS). The current system has two tiers of membership that provide access to services included in the Mandatory Health Plan (POS). Contributory membership consists of those who are able to purchase coverage from Health Promotion Institutions (EPS), which are responsible for providing services.51 Subsidized membership is available for those who are unable to make contributions and who qualify for subsidies based upon financial need.52 Although EPSs may be either public or private, only contributory members are typically able to choose the private institutions.

This results in significant disparities in services provided to contributory versus subsidized members.53

For people with disabilities covered by the POS, neither public nor private institutions are currently offering the required comprehensive rehabilitation services. They often also fail to provide technical aids, medicines, and even surgical procedures as appropriate. Numerous summary proceedings have been initiated by people with disabilities in order to protect their constitutionally guaranteed right to specialized health care and to compel ESPs to provide required health services.54 Although many of these legal actions have been decided in favor of persons with disabilities, the government has not yet amended the health social security legislation.55

Those who are not covered under either of these schemes are unable to participate in the POS and must resort to the public health service.56 Persons with disabilities who fall within the uncovered population often wait for long periods of time for regional governments to hire medical services or grant assistive devices. Some privately-funded institutions working for persons with disabilities also provide assistive devices. However, their resources are limited and only cover a small portion of the community.

The Colombian government provides some additional funds for rehabilitation services for persons with disabilities through the Ministry of Social Protection. These services are funded with resources from the general budget through a project called Implementation of Special Projects for the Population under Special Conditions: Mental Health, Disability and the Displaced.57 In 2003 a budget of 2.5 billion pesos (US $ 926,000) was approved to be shared between fourteen departments.58 The resources are sent to the Health Secretariats of all departments of the country to implement Disability Prevention and Care Programs, to develop Community-Based Rehabilitation (CBR) programs, and to create technical aid banks.59 These technical aid banks are intended for persons who are not members of the SGSSS or for those who are on the subsidized scheme where the provision of assistive devices is excluded from the benefit plan. Recently, the Ministry of Social Protection has begun to implement CBR strategies as called for in the National Plan 2003-2006. Some programs have attained extensive experience in this area. They are located in Cartagena, some municipalities of Antioquia and the Pacific Coast, and some towns of Bogotá.60

There is no official information on the number of health professionals who have access to training programs on the provision of care to persons with disabilities. However, university officials indicate that 40% of nurses and 50% of medical assistants receive basic training on the provision of care to persons with disabilities.61 Some medical schools offer an internship in Medical Rehabilitation for Adults.62 However, there are no training programs in physical therapy, occupational therapy, speech therapy, physiatry training for nurses, or prosthetics and orthotics in the country.

Housing

Leaders of disability organizations estimate that approximately 90 percent of persons with disabilities live with their families while the remainder live in residential institutions or are homeless.63 The government does not offer public housing for persons with disabilities except for abandoned children with disabilities. The Colombian Institute for the Family Welfare (ICBF) seeks foster homes, which provide children with personal care. Each foster home receives financial support from the ICBF that must be spent on food, clothing, recreation, and educational materials. Health care is provided by registering the child under the Subsidized Health Scheme in the relevant city.64 Adults with disabilities who have been abandoned by their families must rely on charitable institutions.

Law 361 establishes that "at least 10% of affordable housing projects" should be constructed in such a way as to make them accessible for people with disabilities. These provisions apply to all projects whether developed by governmental or private entities. It also mandates the "installation of elevators capable of carrying at least one wheelchair user." Regulations for this law have not yet been issued.

To date, government efforts related to housing have primarily consisted of including disability as one of the criteria for affordable housing subsidies. People with disabilities are given additional points used in scoring eligibility for a subsidy. Not all persons with disabilities have access to affordable housing subsidies under the current national framework. In contrast, the municipality of Medell?n, Colombia's second most important city, established housing subsidies for all persons who have a proven disability exceeding 50%.65

Accessibility

The Colombian Institute of Technical Standards (ICONTEC) has issued standards on accessibility. Technical Standards 4139, 4140 to 4145, 4201, 4339, 4279, 4407, 4695 and 4774 refer to accessibility. Colombia also has an manual that covers accessibility issues. The Manual on Accessibility to the Built Environment and the Means of Transportation was prepared with the support of the National University for the Road Accident Prevention Fund and the Ministry of Transportation.66

The accessibility of public accommodations, public thoroughfares and public spaces is protected by Title Four of Law 361.67 The law mandates the elimination of architectural barriers through the construction, extension, or alteration of all public facilities. All such facilities including those that are already existing or privately-owned are subject to the law. All necessary adaptations were to have been completed within four years of the law's effective date. Although the law came into effect in February 1997, compliance is still minimal. Full regulations on the elimination of architectural barriers have not been issued. Since the law makes adaptation of existing buildings mandatory, regulations are deemed counterproductive under the prevailing economic conditions.68 Most municipalities have limited resources and would have difficulty complying with regulations.

Law 400 sets minimum requirements and criteria for the design, construction, and technical supervision of new buildings.69 The Colombian Society of Engineers reported that 75% of the new buildings constructed in the past ten years are accessible.70 Some public buildings such as the Murillo Toro post office building in Bogotá, which has an entrance ramp, as well as the Ministry of Education, are accessible. However, most of the public buildings in the country, especially those more than 10 years old, are not accessible.

Other accessibility related laws include Law 388, which addresses accessibility in public spaces, and Order 1504, which regulates the management of public spaces.71 The Ministry of Environment, Housing and Territorial Development is currently working on regulations for the section of Law 361 pertaining to the accessibility of public accommodations and housing.72

Some educational resources on accesibility and design are available in Colombia. Section 47 of Law 361 requires schools of architecture, engineering, and design to offer seminars "with the primary objective of fostering the culture of elimination of architectural barriers and construction limitations." As of this writing there is one course on disability and engineering in Colombia.73

Most public transportation systems in the country are not accessible, impairing the free movement of people with disabilities. This situation can lead to the effective discontinuation of rehabilitation services as well as the inability to reach education and employment facilities. The majority of people with disabilities must reach their destination by their own means. For those who can afford individual transportation services, this can include taxis, which are very expensive for most Colombians. Others report having no choice other than to crawl in order to use the existing bus system.74

The Transmilenio system in the capital city Bogotá has begun the process of making public transportation accessible for wheelchair users. However, the system does not cover the entire city. As of October 2003, 12% of public transportation routes in the capital city were accessible.75 Additionally, the city of Medell?n instituted a program beginning in 1998, which was aimed at creating accessible public transportation. Most recently, Medellin adopted Agreement 02 in 2001, which obligated the adaptation of the city metro stations to make them accessible to persons with disabilities.

Finally, through the Ministry of Transportation, the national government issued Order 1660 dated 16 June 2003. The order establishes that after 2005 a percentage of the new buses purchased each year must be accessible to persons with disabilities. The goal is for 100% of new buses to be accessible by the year 2010. The order also provides for the training of staff in charge of transportation issues, signaling, and accessibility of all transportation terminals including metro stations, railway stations, airports, and piers, among others.

Disability Action & Awareness

One of the most significant features of Law 361 was the creation of a body in charge of the coordination of disability-related actions.76 Section 6 created the National Disability Consultative Committee (CCN), an institutional advisory unit responsible for coordinating and monitoring disability policies.

The committee is composed of 16 members. Eleven of the members represent civil society organizations, with five members from disability associations.77 At the last meeting of the committee, only two of the members of the CCN were persons with a disability.78 In October 2002, CCN's current term expired. To date there are no signs of renewal. The CCN has not been widely accepted by the disability community due to charges of inefficiency and lack of adequate representation of persons with disabilities. The Ministry of Social Protection chairs this Committee and is responsible for its operation. Some tasks of the Committee have been undertaken by various institutions in coordination with the Ministry of Social Protection's General Office of Social Promotion.

Among the work that has been performed through cooperative efforts is the creation of the Public Disability Policy. A set of guidelines was created through the joint efforts of a wide range of organizations. They included: various governmental agencies, the National Technical Committee, the Sectoral Liaison Groups, Departmental Disability Support Networks, Departmental Technical Committees, and disability organizations. The guidelines include planning and management instruments dealing with conceptual, technical, and methodological issues.79

One major achievement of this effort was the creation of the Disability Plan 2003-2006, which was based on components of the Public Disability Policy. The Disability Plan was also developed jointly by governmental and non-governmental organizations during the implementation of a project known as "Strengthening of Institutional Capacity and Departmental Disability Support Networks."80 The plan includes a three-pronged approach with objectives in each of the following areas: disability prevention, equalization of opportunities, and habilitation/rehabilitation with the goal of increased independence for people with disabilities. This plan contains provisions regarding responsibility for assuring implementation.

With regard to civil society, disability associations are not currently well organized. One exception is the Colombian National Federation of Deaf People which has brought together 22 associations of people who are deaf that are located throughout the country.

This lack of organization in civil society has hindered dialogue with the Colombian government, resulting in weaker protection of disability rights. The disability rights movement is aware of the need for cooperative activities intended to improve the quality of life of the disability population.

Recent initiatives have been formed to create federations of disability associations regardless of the type of disability served, as well as smaller federations of associations focused on particular types of disability. Associations working for disability rights are typically self-funded, although some receive financial support from the Colombian government and/or international organizations.

Some awareness-raising campaigns have been mounted in Colombia by the National Television Committee, Colmundo radio, and regional radio and television programs sponsored by the disability community. One especially important awareness-raising tool is the product of the news agency called DISNNET PRESS. DISNNET distributes an e-newsletter Monday through Friday. Thousands of people both with and without disabilities receive the newsletter through e-mail.81 Its mission is to disseminate information about disability-related issues and to raise awareness of the human rights of persons with disabilities.

In summary, barriers to effective disability action include lack of political will and bureaucratic red-tape. Despite being recognized as a vulnerable population, people with disabilities are not a priority group. Cultural norms such as the attitude of the general population regarding the issue of difference present additional problems as do issues such as the lack of adequate human resources within civil society. General organizations are often unaware of the issues facing people with disabilities, while disability organizations lack the necessary organization for effective advocacy.

There are a handful of officials at various levels of the Colombian government who are conscious of the problematic situation that persons with disabilities face everyday. However, many of them see disability action as very costly and therefore not a priority. For example, it has taken almost two years to create a decree regulating the accessibility provisions of Law 361 because the removal of architectural barriers is not seen as economically viable. Thus progress is slow.

---

Footnotes:

1. Hernan Perilla Prieto (Executive Director of Risaralda's Association of Disabled Persons, Coordinator of Risaralda's Departmental Disability Support Network), interviewed by author.

2. Law 361, "Disability Act," 7 February 1997, http://www.secretariasenado.gov.co/leyes/LD361_
97.htm.

3. National Plan for the Assistance of Persons with Disabilities 1999 - 2002.

4. Law 762, 31 July 2002. This law ratifies the OAS Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities.

5. Ministry of Transportation, Executive Order 1660, 16 June 2003.

6. Bill 173, January 2004, modifies Law 361 of 1997.

7. Ibid.

8. DANE, Census, 1993, http://www.dane.gov.co/.

9. DANE, Proyecto diseño y validación Sistema Nacional de Información Estad?stica sobre la Discapacidad: Diagnóstico Convenio DANE [Project for the Design and Validation of the National Disability Statistical Information System - Diagnosis DANE], MEN Agreement, Bogotá, 2002, 4.

10. Bogotá Health Secretary, Health Care Guidelines for Persons with Disabilities in Bogotá, 2001, 14.

11. WHO, "Resultado de la revision de deversos documentos sobre Prevalencia de la discapacidad elaborados por los paises, 1997-2000" [Revised results of the prevalence of disabilities by country 1997-2000], http://www.ops.org.ni/opsnic/tematicas/rehabilita/resumen_americas. htm#cifras_discapacidad.

12. Census, 1993.

13. Law 762, http://www.secretariasenado.gov.co/leyes/L0762002.HTM.

14. Documents were issued after the third World Conference on Racism, when Mexican President Vicente Fox formally promoted the initiative during the 56th session of the UN General Assembly, and more recently, at the last meeting of the states of the hemisphere, held in Quito, Ecuador, on 9-11 April 2003.

15. Social Solidarity Network "Basis for the Development of Public Disability Policy for 2003-2006", Presidential Advisory Council for Special Programs, Bogotá 2003, 13.

16. These are guaranteed by sections 68 and 54, respectively.

17. Law 361.

18. Law 100,http://www.secretariasenado.gov.co/leyes/L0100_93.htm.

19. Law 643, http://www.secretariasenado.gov.co/leyes/L0643001.htm.

20. The Colombian government was recently restructured, the former Ministry of Health and the Ministry of Labor and Social Security were merged into the new Ministry of Social Protection.

21. Interview with the Director of Human Resources and International Humanitarian Rights, Ministry of Foreign Relations, New York, United Nations, 16- 27. June 2003.

22. Law 115, ch. 1,Title 3, sec. 46-49, http://www.secretariasenado.gov.co/leyes/L0115_94.htm.

23. Law 105, http://www.secretariasenado.gov.co/leyes/L0105_93.htm.

24. Law 335,sec.12,http://www.secretariasenado.gov.co/leyes/L0335_96.htm.

25. Law 181, http://www.secretariasenado.gov.co/leyes/L0181_95.htm.

26. Law 582, http://www.secretariasenado.gov.co/leyes/L0582000.htm.

27. Law 397, sec. 1, http://www.secretariasenado.gov.co/leyes/L0397_97.htm.

28. Law 361, sec. 6.

30. Jorge Eduardo Carranza Pina (Subdirector General), interviewed by author, Bogota, 8 September 2003, www.inci.gov.co.

31. World Consortium that developed the standard structure for digital talking books.

32. Maria Fernanda Ardila Lopez (Advisor, Office of Access and Social Development), interviewed by author, Bogotá Ministry of Communication, 15 September 2003.

33. Janeth Cepeda (Advisor, INSOR), interviewed by author, Bogotá, 26 September 2003.

34. Fulvia Cedeño Angel (Special Education for those with Needs, Ministry of Education), interviewed by author, Bogotá, 9 September 2003.

35. Departmental Health Secretary and the Javeriana University, Prevalencia de discapacidad en el valle del Cauca [Disability Prevalence in the Cauca Valley], August 2001. The report estimates the number of children with disabilities as 4% of all children.

36.Ibid.

37. A professional trained in special education or related matters who also has additional training and experience in the assistance of persons with special education needs.

38. Legal documents requiring school accessibility include: Law 115 of 1994, Law 432 of 1996, Regulatory Order 2082 of 1996, Law 342 of 1996, Order 2369 of 1997, Law 361 of 1997, and Ministerial Resolution 2565 of 2003.

39. Fulia Cedeño Angel.

40. Gloria T. Zapata, Reflexión "Familia y escuela: escenarios de desarrollo" [Thoughts on "Family and School Education: Development Scenarios"], quoted in Inclusión Social de las Personas con discapacidad: Reflexiones, realidades y retos [Social Inclusion of Persons with Disabilities: Thoughts, Reality and Challenges], Institute for Human Development and Disability, National University of Colombia, and the Ministry of Communications, April 2003, 125.

41. Disability Plan 2003-2006, Objective 2.2.7, "Access, retention, and completion of education," located in section on "Equalization of Oportunities.".
images/IDRM_Americasz169-00.jpg 425x252 (pixels)
42. Quoted in the National Plan for the Assistance of Persons with Disabilities 1999-2002, Bogotá, www.logos-net.net/ilo/150_base/es/init/col_01.htm#Linea.

43. Opinions gathered in panel discussion meetings held in four cities, Bogotá, 5 September, Barranquilla, 8 September, Medell?n, 22 October and Pereira, 30 October 2003.

44. Naturaleza+y+Funciones.htm For information on the mission of this governmental agency, see http://www.sena.edu.co/Portal/quienes+somos/identidad+corporativa/.

45. Julia Gutierrez de Piñeres (Director of Employment, SENA), interviewed by author, Bogotá, 24 September 2003.

46. Ibid.

47. Ministry of Social Protection, Bogotá, 2003.

48. Dr. Oscar David Gómez Pineda (General Director of Transportation and Transit), interviewed by author, www.mintransporte.gov.co.

49. Gabriela Posaba Venegas (Vice-President - Human and Administrative Resources Management, Telphone Industry of Bogotá), interviewed by author, Bogotá, January, 2004.

50. Law 100.

51. Persons who have ability to pay (earning the equivalent of more than one minimum salary as determined by the SGSSS) and self-employed workers earning more than two times the minimum salary are considered able to pay and are not eligible for subsidized membership.

52. The population classified as being at the first and second levels of poverty according to the SISBEN survey and special groups such as the indigenous communities, the abandoned children in the charge of the ICBF, those displaced and those demobilized.

53. Ministry of Social Protection.

54. Law 100 and the resolutions 5361 of 1994 and 72 of 1997.

55. Panel Discussion.

56. Those persons who are not under any scheme given their poverty level. The SGSSS sets forth that until they become members of the subsidized scheme, they must be assisted by public and private institutions that have an agreement with the State.

57. Lucy Wartenberg (Director of Social Promotions, Ministry of Social Protection), interviewd by author, Bogotá, 4 December 2003.

58. Resolution 2529.

59. Lucy Wartenberg.

60. Ibid.

61. Carlos Felipe Rengifo Tello, (School of Medicine, Cauca University), interviewed by author, November, 2003.

62. Pereira Technological University, Pereira, Colombia.

63. Panel discussions.

64. Maria Victoria Alvarez Cordoba (Central Coordinator of the Northern Amenian Zone, ICBF), inerviewed by author, Armenia, 30 October 2003.

65. Municipal Agreement No. 31 of 1999.

66. Oscar David Gomez Pineda (General Director of Transportation and Transit), interviewed by author, Bogotá, 5 September 2003, www.mintransporte.gov.co/Servicios/Biblioteca/ documentos/Documentos.htm.

67. Law 361.

68. Pastora Murillo (Territorial Development Office, Ministry of Environment, Housing and Territorial Development), interviewed by author, Bogotá, 3 September 2003.

69. Law 400, http://www.secretariasenado.gov.co/Antecedentes21.asp.

70. Martha Lucia Jara Acuña (Executive, Colombian Society of Engineers), interviewed by author, Bogotá, 1 September 2003.

71. Law 388, http://www.secretariasenado.gov.co/leyes/L0388_97.htm.

72. Pastora Murillo.

73. Colombian Society of Engineers.

74. Panel discussions.

75. Ricardo Salaanca Correa (Technical undersecretary, Secretary of Transit and Transport), interviewed by author, Alcald?a Mayor, Bogotá , 1 October 2003.

76. Law 361, sec.6.

77. Members from civil society organizations were appointed pursuant to Order 2333 of October 2000 for a two-year term.

78. Henry Mej?a Roye (Executive Director, Colombian National Federation of Deaf People), interviewed by author.

79. Advisory Council for Special Programs, Social Solidarity Network : Basis for the Development of Public Disability Policy for 2003-2006, Bogotá 2003.

80. September 2002 - July 2003.

81. "'DISNNET' el periodismo a favor de la inclusion social" ['DISNNET'media in favor of social inclusion], Step by Step Foundation interview with Hernando Ayala Melgarejo, Cyberpasos -Interviews 2, no.10 (22 May 2002), http://www.pasoapaso.comve/cyber/cyberpasos_archivo_ entrevistas_disnnet.htm.