“Mecanismos de participación de las Víctimas en la Contratación Estatal: Una propuesta a partir de la ejecución de la política de víctimas en el Departamento de Santander (2020-2023)"

Abstract

The research analyzes the effective participation of Victims’ Organizations (O.V.) of the armed conflict in state contracting processes in the Department of Santander, within the framework of Law 1448 of 2011. The study begins with the regulatory recognition of victims’ right to intervene in the formulation, implementation, and monitoring of public policies, and identifies as a problem the limited materialization of such participation in contractual settings. The general objective was to propose measures for effective participation of O.V. in contractual processes carried out in Santander between 2020 and 2023. To achieve this, the structure of the Departmental Action Plans (PAD) and Territorial Action Plans (PAT) was detailed, potential participation scenarios were identified, and the most frequent contracting modalities in the municipalities were examined, along with the regime of disqualifications and restrictions that may limit the inclusion of these organizations. The methodology corresponded to a qualitative paradigm and method with a descriptive design, based on data collection through primary and secondary documents. The results show that, although direct contracting and minimum amount contracting represent modalities with potential to enable O.V. participation, regulatory complexity, lack of technical and financial resources, and absence of political will in some municipalities limit their effectiveness. In response, measures are proposed aimed at simplifying requirements, providing training and technical assistance, explicitly incorporating O.V. as executors in the PAT, strengthening oversight and social control mechanisms, and ensuring access to public information.