In their response, the Co-Facilitators of the C20 – WG10 address the uncertainty surrounding the realization of commitments within the international agenda, while acknowledging the relatively weaker position of civil society against powerful organizations and states. Despite this, they emphasize the importance of civil society’s role in advocating for its agenda, particularly in causing discomfort at the negotiation table and articulating with other actors to strengthen its influence.
The discussion also explores the concept of lobbying, beyond traditional notions associated with big corporations, to encompass a broader representation of interests in public policy formulation. Recommendations are proposed to ensure transparency and inclusivity in lobbying practices, with a focus on amplifying the voices of marginalized groups like Autistan.
This dialogue underscores the necessity of transparent and accessible lobbying practices to promote equitable policy formulation processes.

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4. Our Submissions sent by email (27/04/2024)

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General Summary of the Issues

1. Access to Justice for Persons with Disabilities (TF1):

– Issue: Persons with disabilities, including autistic individuals, face major difficulties accessing justice due to material, attitudinal, and institutional barriers.

– Causes: Lack of listening, misunderstanding of real needs, conflicts of interest with the state.

– Consequences: Limitations in accessing information and support services, difficulties in obtaining adequate legal representation.

2. Access to Information (TF2):

– Issue: Persons with disabilities, especially autistic individuals, encounter widespread government opacity when seeking information about their rights and available services.

– Causes: Fear of repercussions, lack of sensitivity to the specific needs of autistic individuals, culture of silence, and the absence of mechanisms ensuring the right to truthful information.

– Consequences: Lengthy and frustrating information-seeking processes, resorting to legal proceedings as the only solution, but without necessary accessibility, and the perpetuation of misinformation leading to further marginalization.

3. Civic Space for Persons with Disabilities (TF3):

– Issue: Persons with disabilities, particularly autistic individuals, are largely excluded from civic space due to prejudices, disability-related obstacles, and the dominance of intermediary entities.

– Causes: Difficulty in gathering the voices of autistic individuals, laws poorly adapted to their needs, lack of direct consultation with autistic individuals.

– Consequences: Symbolic participation, inefficiency of UN bodies, need to resort to deterrent measures to encourage states to improve the inclusion of persons with disabilities.

4. Corruption in the Medical-Social Sector (TF4):

– Issue: The dominance of medical-social, medical, and pharmaceutical lobbies creates systemic corruption compromising the rights of persons with disabilities and the elderly.

– Causes: Excessive influence of establishment-managing associations, government authorities’ complacency, lack of willingness for deinstitutionalization.

– Consequences: Maintenance of barriers to access to justice, exploitation of persons with disabilities and the elderly, violation of fundamental rights.

5. Unjust Inconsistency: Inadequate Support for Autistic Organizations:

– Issue: Autistic individuals, among the most vulnerable, paradoxically find themselves among the least supported and assisted by society.

– Causes: Outdated medical perspectives on autism, influence of medical-social lobbies, lack of recognition and support from authorities.

– Consequences: Violation of principles of human dignity and fundamental rights, marginalization of autistic individuals, urgent need for recognition and support of organizations led by autistic individuals.

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Root Causes

The systemic challenges faced by persons with disabilities, particularly autistic individuals, in [Country C], stem from several underlying issues. These root causes fuel and perpetuate obstacles encountered in accessing justice, information, civic space, combating corruption, and providing insufficient support to organizations led by autistic individuals.

1. State Support Deficit

– Access to Justice: The lack of state efforts to ensure equitable access to justice for persons with disabilities reflects a broader deficit in addressing the needs of this population, including the failure to uphold the right to truthful information.

– Access to Information: Government opacity in communicating crucial information about the rights of persons with disabilities not only demonstrates reluctance to recognize and effectively address the needs of this population but also violates their right to truthful information.

– Civic Space: The exclusion of persons with disabilities from civic space is partly due to the state’s failure to create adapted and inclusive consultation mechanisms, including mechanisms that ensure the provision of accurate and truthful information.

2. Influence of Lobbying Groups and Sector-Specific Interests

– Corruption: Systemic corruption in the medical-social sector partly stems from the disproportionate influence of medical lobbies and establishment-managing associations for persons with disabilities, shaping policies to their advantage, often at the expense of truth and transparency.

– Inadequate Support for Autistic Organizations: The lack of adequate support for organizations led by autistic individuals is exacerbated by the predominance of medical-social lobbies, which may influence government decisions at the expense of the true needs of autistic individuals, perpetuating a cycle of misinformation and neglect.

3. Lack of Awareness and Understanding

– Access to Information: Fear of repercussions and lack of sensitivity to the specific needs of autistic individuals hinder transparent communication and access to information, denying them their right to truthful information.

– Civic Space: Difficulty in gathering the voices of autistic individuals and the lack of direct consultation with them stem from a deficit in understanding the individual workings unique to autism, highlighting the need for education and awareness to ensure accurate representation and participation.

4. Political Inertia and Lack of Accountability

– Access to Justice: Conflicts of interest with the state and public services reveal a failure in governmental accountability to disabled citizens, including a failure to ensure truthful and transparent information dissemination.

– Corruption: Inaction in the face of abuse scandals and the lack of deinstitutionalization highlight political complacency compromising the fundamental rights of society’s most vulnerable individuals, underscoring the urgent need for accountability and transparency in decision-making processes.

In summary, these root causes reflect a set of structural and institutional challenges that hinder genuine inclusion and adequate support for persons with disabilities, especially autistic individuals. Overcoming these obstacles requires collective awareness and concerted action to transform policies, practices, and mindsets toward a more inclusive and just society for all, including the recognition and protection of the right to truthful information.

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Proposals and Recommendations for Systemic Reform

The synthesis of fundamental problems reveals a range of systemic challenges hindering access to justice, information, representation, and corruption prevention for persons with disabilities, including autistic individuals. To effectively address them, here are concrete proposals and recommendations that could be implemented by G20 governments.

1. Strengthening Legal and Institutional Obligations

– Enhance laws and institutional mechanisms to ensure equitable access to justice for persons with disabilities, without the need for complex legal procedures. This could involve specific legislative amendments and binding directives for judicial institutions, ensuring accessibility for all, including autistic individuals. Emphasize the importance of sincerity and transparency in all interactions with the public, particularly when providing critical information or legal services.

2. Awareness and Training

– Implement comprehensive awareness and training programs for judicial system actors, officials, and the general public on the needs and rights of persons with disabilities, with a particular focus on autistic individuals. These programs should emphasize the obligation of sincerity and the provision of effective and easily accessible means for individuals to access information and services, including the right to truthful information.

3. Improving Information Accessibility

– Ensure that information is readily available through multiple channels, accommodating diverse communication needs, and providing concrete and effective means for individuals to access it. Recognize that autistic individuals may face challenges in verbal communication and require alternative formats for information dissemination, ensuring access to truthful and accurate information.

4. Enhancing Lawyer and Legal Services Training

– Develop inclusive training programs for lawyers and legal services to better assist persons with disabilities, incorporating modules on adapted communication and sensitivity to individual needs, including those of autistic individuals. Emphasize the obligation of sincerity and effectiveness in legal assistance provision, including ensuring access to true and accurate information.

5. Promoting Transparency and Accountability

– Establish independent monitoring mechanisms to oversee the transparency and integrity of public institutions and organizations responsible for providing services to persons with disabilities. Emphasize the obligation of public authorities to provide accurate and truthful information, as well as the importance of providing effective and accessible means for individuals to report corruption or seek recourse, ensuring the right to truthful information.

6. Including Autistic Individuals in Decision-Making Processes

– Create regular consultation forums directly involving autistic individuals in policy development and decision-making, providing accessible and adapted communication means to ensure their voices are genuinely heard and understood. Ensure that these forums prioritize sincerity and effectiveness in soliciting and incorporating the input of autistic individuals, including access to truthful and accurate information.

7. Strengthening Autistic Associations

– Provide increased financial and logistical support to organizations led by autistic individuals, thereby enhancing their capacity to effectively represent the interests of the autistic community. Empower these organizations to advocate for their constituents by providing concrete and effective means for engagement with policymakers and public institutions, including access to true and accurate information.

8. Promoting Corruption Reporting and Accountability

– Institute coercive and punitive measures to hold public officials and authorities accountable for sincerity and honesty in providing information. Empower citizens, including those with disabilities such as autism, to easily defend themselves against information denials, deceit, or administrative dishonesty, without bureaucratic hurdles. Ensure that mechanisms for reporting corruption or seeking redress are accessible and effective for all individuals, including those with disabilities, and provide access to true and accurate information throughout the process.

9. Enhancing International Cooperation

– Establish partnerships and exchanges of best practices among G20 countries to promote a coordinated and harmonized approach to protecting the rights of persons with disabilities, including autistic individuals, across borders. Emphasize the obligation of sincerity and effectiveness in international efforts to address systemic barriers and promote inclusion and equity, including access to true and accurate information on a global scale.

10. Regular Evaluation of Progress and Obstacles

– Implement mechanisms for regular evaluation of progress in protecting the rights of persons with disabilities, identifying persistent obstacles, and adjusting policies accordingly. These evaluations should involve meaningful participation from disabled individuals, ensuring their perspectives are central to the process. Emphasize the importance of sincerity and effectiveness in evaluating and addressing systemic barriers to access and inclusion, including access to true and accurate information for monitoring progress.

By implementing these proposals, G20 governments could make significant progress toward systemic reform aimed at ensuring full inclusion and genuine equity for persons with disabilities, including autistic individuals. These measures should prioritize the obligation of sincerity and provide concrete and effective means for individuals to access information, justice, and representation, as well as to defend against state deceit and corruption, ensuring the right to true and accurate information. 

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5 Key Recommendations for Systemic Reform

1. Easy Access to Truthful Information

– Ensure the provision of concrete and easily accessible means for all individuals, including those with disabilities and particularly autistic individuals, to access true and transparent information provided by the government. Implement mechanisms free from attitudinal barriers or bureaucratic obstacles, facilitating easy access without the need for legal procedures, and ensuring the right to true and accurate information.

2. Equitable Access to Justice

– Extend the principles of accessibility to the justice system, offering user-friendly avenues for individuals, especially those with disabilities, to seek legal recourse without encountering procedural complexities. This entails providing accessible legal information, support services, and assistance tailored to diverse needs, while ensuring access to truthful and transparent information throughout the legal process.

3. Strengthening Disability Organizations

– Provide tangible support and assistance, including human resources, to bolster the capacities and operations of disability organizations, particularly those representing autistic individuals. These organizations play a crucial role in advocating for the rights of vulnerable minorities, necessitating adequate support to combat injustices effectively and ensure access to true and accurate information for their constituents.

4. Reforming Consultation Processes

– Reorganize consultation and participation modalities for disabled individuals, ensuring their voices, wishes, and needs are genuinely understood and accounted for. This involves legislative reforms to prevent the exploitation or misrepresentation of disabled individuals’ interests by third-party organizations, safeguarding against potential abuses stemming from profit-driven motives, and ensuring access to truthful and transparent information throughout the consultation process.

5. Enforcing Accountability and Transparency

– Institute coercive and punitive measures to enforce accountability among public officials and authorities, emphasizing sincerity in information provision and honesty regarding conflicts of interest, nepotism, and state manipulations. Empower citizens, especially those with disabilities, including autistic individuals, to easily defend themselves against administrative deceit or corruption, eliminating bureaucratic hurdles that disproportionately affect the most vulnerable, and ensuring access to true and accurate information to hold authorities accountable.

These key recommendations, supplemented by additional measures such as awareness programs, international cooperation, and regular evaluation mechanisms, form a comprehensive framework for systemic reform aimed at promoting inclusion, equity, and integrity in governance for persons with disabilities, including autistic individuals.

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Synthesis of Recommendations for Inclusive Governance

To promote effective and inclusive systemic reform for persons with disabilities, including autistic individuals, G20 countries should establish concrete mechanisms ensuring easy and transparent access to government information, while upholding the right to true and accurate information.

This would involve simplifying information access procedures, eliminating bureaucratic barriers, and providing supports tailored to diverse needs. Additionally, it’s crucial to improve access to justice by offering user-friendly avenues for disabled individuals to seek redress, ensuring access to truthful and transparent information throughout legal processes.

Furthermore, strengthening the resources of disability organizations is essential to effectively advocate for the rights of vulnerable minorities, including autistic individuals. Consultation processes should be reformed to ensure meaningful participation of disabled individuals, avoiding exploitation by third parties and ensuring authentic representation, with access to true and accurate information throughout the consultation process.

Lastly, strict accountability and transparency should be enforced on public authorities to ensure sincerity in information provision and to combat corruption. Effective means for citizens, especially those with disabilities and autism, to defend themselves against administrative abuses should be provided, guaranteeing access to true and accurate information to hold authorities accountable.

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Answers to the survey (18/05/2024)

TF1 – WG 10 Access to Justice TF1

Particular concerns:

– We do not understand why Persons with Disabilities (including autistic people, who are even more discriminated than the other categories of this list) are excluded from this point:

“Ensure and expand access for previously excluded individuals to positions of power, including Black people, LGBTQIA+, women, indigenous and traditional peoples.”

—> Why ?

– In particular, autistic people – who suffer systemic injustice from birth to death 24h a day and for whom there are NO specific measures for access to judiciary systems, are absent from this list.

Maybe the category of human beings most “left behind” by the “normal justice” are, here also, forgotten, in spite of our numerous efforts and explanations…

—> Why ?

If autistic people are not worth being mentioned at least once in a text produced by NGOs for the C20 and G20, then how can we hope to access justice one day ?

Important remarks:

– It is very difficult to attributes notes in this list. Some recommendations are very vague.

– We did not notice clearly measures that would allow individuals to “access to justice” concretely, for real. We have mentioned some concrete examples, like the “attitudinal barriers”. This list contains many things which do not seem “implementable” as requested.

– Another thing that was requested, was the inclusion of Persons with Disabilities: once again, they have been “left behind”.

– Additionally, a “voting system” seems to be the best way to maintain the invisibility of the weakest and smallest minorities, who are already facing a situation of major injustice everyday.

Summary of our Points Not Enough Considered

1. Specific Barriers for Disabled Individuals:

• Text B highlights unique challenges faced by disabled individuals, particularly autistic persons, in accessing justice. These include the complexity and rigidity of legal systems and insufficient efforts by public authorities to provide equitable access.

Text A lacks a focus on these specific barriers and their impact on disabled persons.

2. Attitudinal Barriers and Misunderstandings:

• Text B points out that attitudinal barriers, such as misunderstandings and a lack of willingness to listen to the needs of disabled individuals (especially autistic persons), are significant obstacles.

Text A does not address the need for awareness and training to overcome these barriers.

3. Conflict with State and Public Services:

• Text B explains that many legal issues involve disputes with state entities, leading to reluctance from authorities to support claims against themselves.

Text A does not consider this conflict of interest or propose mechanisms to ensure impartiality and support in such cases.

4. Lack of Suitable Public Assistance:

• Text B emphasizes the scarcity and inadequacy of public services designed to help disabled individuals access justice. These services often fail to meet the needs of autistic individuals.

Text A does not propose specific solutions to create or improve such tailored public services.

5. Dependence on Lawyers and Economic Barriers:

• Text B highlights how the complexity of the legal system forces disabled individuals to rely on lawyers, which is unfair given their often limited financial resources.

Text A does not address these economic barriers or the reliance on legal representation.

6. State Deception and Illusion of Accessibility:

• Text B details how governments may create an illusion of accessibility while failing to provide genuine support, resulting in further exclusion and rejection.

Text A does not address this deception or suggest ways to ensure transparency and accountability in governmental claims of accessibility.

To better align with the concerns of Text B, recommendations should include measures to:

• Understand and mitigate specific barriers faced by disabled individuals.
• Overcome attitudinal barriers through awareness and training.
• Address conflicts of interest in legal disputes with state entities.
• Improve and tailor public assistance services for disabled individuals.
• Reduce economic barriers and dependence on lawyers.
• Ensure transparency and accountability in government claims of accessibility.

Thanks.

TF2 – WG10 Access To Information

Synthesis of our Recommendations for Enhancing Accessibility and Truthfulness of Information (in consideration of the points currently missing in the WG10 recommendations proposal)

1. Addressing Specific Challenges Faced by Disabled Individuals Disabled individuals, particularly autistic people, face significant challenges when attempting to access public services. These obstacles often include misunderstandings, incorrect responses, and dismissal of follow-up queries. Additionally, organizations representing disabled persons encounter difficulties in obtaining necessary information for advocacy and reporting due to authorities’ reluctance to share information revealing state deficiencies. The exhaustive process of searching for information takes a toll on disabled individuals and their families, particularly when seeking access to information withheld by governments. Simplifying legal procedures and ensuring accessibility in judicial processes are imperative to facilitate their access to justice, especially when seeking information refused by governmental entities.
2. Addressing Government Opacity Governments must take immediate action to address opacity and deception in information dissemination. This requires a commitment to transparency and accountability, ensuring truthful and transparent communication regarding accessibility and rights for disabled individuals. By actively working to eliminate deceptive practices and propaganda, governments can uphold the principles of democracy and ensure access to accurate information for all citizens.
3. Implementing Recommendations for Systemic Reform To address the systemic issues faced by disabled individuals in accessing information and services, governments must implement comprehensive recommendations for institutional reform. This includes adapting standards, providing widespread training, and involving disabled persons in decision-making processes. These reforms are crucial for promoting transparency, accountability, and accessibility in public services.

TF3 – WG10 Civic Space

– “Promotion of legal security and sustainable funding for third sector organizations.” : not clear.

– “Creation of spaces for dialogue and capturing the voices of People with Disabilities, Youth, etc.” : not clear. We need more than just “spaces”, and the governments shall do much more than just “capturing” our voices. There are already two UN conventions explaining what to do: the CRC and the CRPD. However, the USA did not ratify the CRPD.

–> Suggestion: “Enhance and institutionalize the consultation and active participation of Persons with Disabilities (including autistic people), Children, and other vulnerable populations in the development and implementation of all public policies.”

(When there is a lack of space, you can use footnotes for some details.)

– “Ensure that vulnerable people have access to institutionalized spaces and material resources to enable their direct participation and engagement in entities that reach the civic space.” is not necessary if the above (more clear and strong and complete) is kept.

– “Funding to highlight and investigate human rights violations against workers.” : Why only the workers ? And what about the systemic, constant violations of rights of the Persons with Disabilities (including autistics who rarely have a chance to be a “worker”) among so many other human categories constantly victims of human rights violations ?…

What is missing in the current list of Recommendations proposals of the WG10:

– Develop tailored accessibility and support mechanisms to address the communication and social interaction difficulties faced by autistic individuals within civic spaces.

– Acknowledge and emphasize the unique expertise of autistic-led organizations in understanding the needs and challenges faced by autistic individuals.

– Urgently recognize and support autistic-led organizations to rectify the injustice of being among the least supported despite serving one of the most vulnerable social groups: governmental authorities must update their perspectives on autism and must actively listen to the voices of autistic-led organizations and provide necessary support to break the cycle of marginalization and injustice.

TF4 – WG10 Anti-Corruption

– “Facilitate the creation of whistleblower protection laws that promote and protect complaints…”:

OK, but complaining to whom ?? When the biggest problem is the States, and when they don’t care at all when we report problems to them ?

In France, the whistle-blower law protects only the workers (against their employers), but when the problems come from the State bodies, the mechanisms such as “justice” or “ombudsman” are very good at pretending and ignoring.

And reporting to the UN HR bodies does not really help (on the contrary, it brings reprisals), and same with European “justice” system.

The States do what they want and the reporting systems are mostly a masquerade.

– ” Ensure active engagement with civil society is embedded into its design and implementation.”:

Of what ?… G20 commitments ?

– “Address illegal trading that includes drugs, children, women, and funding for drugs and terrorism.”:

Sure, but they all do that already, no ? Maybe propose more specific and new recommendations on the matter ?

– “Urge states to adopt anti-SLAPP protections…”:

It seems to be already in another TF or WG, and it may not be specific to “corruption” (?).

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Points missing in current WG text

Text B sheds light on two critical issues that are not adequately addressed in Recommendations A:

1. Systemic Corruption in the Medico-Social Sector:
   Text B outlines how lobbying by medical and social institutions leads to systemic corruption, compromising the dignity and rights of disabled and elderly individuals. It emphasizes the need for transparent oversight mechanisms and comprehensive anti-corruption legislation targeting this sector. However, Recommendations A primarily focus on general whistleblower protection laws and international cooperation to combat corruption, overlooking the specific challenges within the medico-social sector.

 

2. Public Sector Outsourcing to Private Entities:
   Text B highlights how outsourcing public service missions to private associations creates opportunities for corruption and injustice, favoring compliance over accountability. It underscores the importance of promoting transparency and accountability measures for private organizations receiving public funds and empowering civil society to monitor and report instances of corruption. While Recommendations A mention the need for regulatory oversight of public sector outsourcing, they do not delve into the nuances of this practice or propose concrete actions to address the associated risks of corruption and exploitation.

In summary, Text B emphasizes the importance of addressing systemic corruption within the medico-social sector and ensuring accountability in public sector outsourcing, which are not sufficiently considered in the more general recommendations provided in Text A.

—> It would be very appreciated (and useful) if you could add footnotes to say a few words about the problems 1 and 2 above, attached to the relevant parts of the current text.

(Footnotes do not count against the total characters maximum allowed.)

Thanks!

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There are additional items to be added later, including details about the meetings and the final revisions to the Working Group’s document.