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Draft of draconian anti-LGBTQ bill in Ghana leaked

Activists and allies could face up to 10 years in prison

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(Public Domain photo by Jorono from Pixabay)

ACCRA, Ghana — A draft of a draconian anti-LGBTQ bill in Ghana has surfaced online.

The “Proper Human Sexual Rights and Ghanaian Family Values Bill” draft is 36-pages long and contains clauses under which LGBTQ people and allies could be sentenced to up to 10 years in prison for supporting and advocating for LGBTQ rights in Ghana. The Guardian newspaper described the proposed measure as “one of the most draconian and sweeping anti-gay laws proposed around the world.”

The draft, which has yet to be introduced in the Ghanaian Parliament, details a plethora of behaviors between LGBTQ individuals that would be banned. They include “gross indecency,” which is defined as “the public show of amorous relations between or among persons of the same sex.” This act, labeled a misdemeanor, can result in “a term of imprisonment no less than six months and not more than one year.”

The bill in its current form would additionally propose strict media censorship that would ban media entities and creative individuals from producing content that promotes LGBTQ advocacy. Failure to comply with this provision would result in “not less than five years and not more than 10 years” of imprisonment. 

The draft’s release follows the May arrest of 21 activists and paralegals who attended a conference on how to advocate for LGBTQ rights.

Rightify Ghana, one of Ghana’s most prominent LGBTQ rights groups, released portions of the bill on its Twitter page.

“This bill is a homophobe’s dream law,” Rightify Ghana’s Danny Bediako told Reuters. “The community is shocked at how wide-ranging it is. People are even scared to go out now and some members say they will leave the country if the bill is passed into law. Even those who want to help us will be afraid.”

A State Department spokesperson also commented on the situation.

“In Ghana, we are concerned by the increasing anti-LGBTQI+ rhetoric and actions that undermine the human rights of members of that community. We are monitoring the situation closely,” the spokesperson told the Los Angeles Blade on Monday in a statement. “In his video address to the [African Union], President Biden affirmed the United States policy to promote the human rights of all individuals, including women and girls, LGBTQI+ individuals, persons with disabilities, and persons of every ethnic background, faith and heritage.”

The World Congress of Families, a queerphobic organization, hosted an anti-LGBTQ conference in Ghana in 2019.

“It is clear that this [is] an imported bill with a signature of [the] World Congress of Families (WCF). It is a combination of bills from Russia, Uganda, Nigeria and other places where the WCF [has] been. It’s the worst anti-LGBTQ bill ever,” says Rightify Ghana on Twitter. 

The Human Rights Campaign notes the World Conference of Families during their 2019 conference advocated for the adoption of public policies supporting so-called conversion therapy and attacked sex education and women’s rights in Ghana. 

The World Conference of Families is an anti-LGBTQ organization based in the U.S. that the Southern Poverty Law Center has designated as a hate group. The World Conference of Families has supported efforts that have further criminalized LGBTQ identity and activity in Russia, Lithuania, Nigeria and Uganda. 

“[The WCF] has a long history of exporting its anti-LGBTQ narrative to many parts of Africa, often by framing LGBTQ people and the protection of their human rights as somehow foreign and un-African, a fundamentally inaccurate characterization,” says HRC in its report. 

The proposed Ghana bill is not unlike other measures on the African continent.

The Nigerian Senate in 2014 passed the “Same-Sex Marriage Prohibition Bill,” under which anyone convicted of entering into a same-sex marriage or relationship faced up to 14 years in jail. The measure also criminalized witnessing or supporting LGBTQ-related activities and public displays of same-sex relationships. 

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Mexico

Mexicans with HIV/AIDS lack treatment access

Government in 2019 created new health care entity

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Roberto Navarro (Photo courtesy of Roberto Navarro)

MEXICO CITY — Roberto Navarro has been a dancer since he was 17. Jazz became his passion and he fell in love with classical dancing after he took many classes. And he began to teach four years later.

“I’m so happy when I teach dancing to my girls because they bring me so much joy, I feel like I help my girls to become better women, without noticing I’m some kind of a therapist,” Navarro told the Los Angeles Blade. 

He discovered the discipline of dancing in heels in 2014, which made him connect and explore more with his sexuality. He did, however, suffer a lot of bullying because of it.

Navarro — a 33-year-old gay man who is originally from Sahuayo de Morelos in Michoacán state —  currently owns a dance salon. Navarro said he started to become an entrepreneur, but it hasn’t been easy because of the pandemic. 

He was diagnosed with HIV in 2016. Navarro suffered from depression for several months after he learned his status.

“I woke up very overwhelmed in the morning thinking that I had to go to the hospital to make a long line of patients; to have blood drawn for fast screening tests,” he said. “We arrived at 7 in the morning and left until 1 in the afternoon.”

Navarro has been receiving treatment for almost five years, and he is still dancing.

“Subsequently, I went to my consultations every three or six months depending on my results,” he stated. “By the third month I was undetectable.”

Navarro started with Atripla, an antiretroviral drug he received through Mexico’s Seguro Popular, and he was undetectable a month later. 

A shortage of Atripla forced a change to Biktarby after President Andrés Manuel López Obrador in 2019 scrapped Seguro Popular and created the Health Institute for Wellbeing (INSABI). The pharmaceutical company Gilead has said there are many counterfeit versions of the drug on the market.

Seguro Popular in 2018 had almost 52 million beneficiaries. The National Council for the Evaluation of Social Development Policy (CONEVAL) said INSABI at the end of 2020 had more than 34 million beneficiaries.

Antiretroviral drugs have been available in Mexico since 2003, although the Mexican health system is divided into various subsystems based on where one works.

  • Institute of Social Security and Services for State Workers (ISSSTE)
  • Mexican Institute of Social Security (IMS)
  • INSABI (Health Institute for Wellbeing) that was previously known as the Seguro Popular

They vary in the time it takes to receive medication and the time for CD4 viral load tests. The availability of appointments with infectious disease specialists varies in each of the three public health systems.

People with INSABI will take longer to get tests and have access to doctors. It must also be recognized that everyone, in theory, has the possibility of accessing medicines, but it also depends on the states in which they live. 

There are three health care systems in Mexico. (Washington Blade photo by Michael K. Lavers)

The number of people without access to healthcare in Mexico rose from 20 million to almost 36 million between 2018-2020. INSABI, more than a year after its creation, still does not completely cover the same amount as its predecessor.

INSABI is an independent agency through the Ministry of Health that aims to “provide and ensure the free provision of health services, medicines and other inputs associated with people without social security.” The General Health Law says it was to replace Seguro Popular, which was in place from 2004-2019.

“The situation for treatment right now, it’s quite complex, particularly because there have been many changes in the health department of Mexico, and this has to do with the fact that in 2003 when the Seguro Popular was established; there was an increase to comprehensive care for people living with HIV and resources for prevention strategies which are mainly handled through civil society organizations that obtained money from the government.” stated Ricardo Baruch, who has worked at the International Family Planning Federation for almost 15 years.

López,, who took office in 2018, sought to eliminate Seguro Popular, which was the mechanism by which access to antiretroviral drugs were given to most people living with HIV in the states with greater vulnerability. This change was done in theory to expand access for everyone, but the opposite happened.

There is less access due to the modification of purchasing mechanisms and a huge shortage throughout the country. Baruch says this situation has caused a treatment crisis across Mexico.

“The truth is that the Seguro Popular helped me a lot to have my treatments on time, what I do not like is that there is not enough staff to attend all the patients that we are waiting for our consultations,” said Erick Vasquez, a person who learned in February he is living with HIV.

Vasquez, 34, is an artist who works in Guadalajara and Playa del Carmen. 

Vasquez did not have health insurance like other people through IMS. He obtained access to Seguro Popular through an organization that supports people with HIV, but he has to wait until October for his first appointment.

Vasquez, who has a very low viral load, in March began a job through which he obtained IMS. He had access to his treatments through it.

He received three months worth of Biktarvy at the end of June; one prescription for each month. He said the drug is not difficult to obtain.

“I have not had any problem with the medication, it is not difficult to get it when you are on the insurance, but there is still a long time left until October,” said Vasquez.

The cost of the antiretroviral treatment in Mexico is approximately $650 per month, and one bottle has only 30 pills. 

“I have not had side effects, I have not had nausea, I don’t vomit, I take a pill daily, it is one every 24 hours,” Vasquez said. “I feel very well and I hope very soon to be undetectable.”

Members of the Gay Men’s Chorus of Mexico City who are living with HIV perform at Clínica Condesa, a public health clinic in Mexico City, on July 21, 2019. The clinic’s 20th anniversary coincided with the International AIDS Society’s Conference on HIV Science that took place in the Mexican capital. (Washington Blade photo by Michael K. Lavers)

Infrastructure over health 

Prevention resources were eliminated, and health resources today are used to finance the Felipe Ángeles International Airport at the Santa Lucía military base in Zumpango in Mexico state, a new refinery, the Mayan train and other major infrastructure projects. And this causes many people who want to access treatment not to receive them. It takes much 

The cost of the work, including the land connected with the Mexico City International Airport and various military facilities, is set at 82,136,100,000 Mexican pesos and there are provisions to serve 19.5 million passengers the first year of operations, according to a report from the Secretariat of National Defense (SEDENA). 

There are, on the other hand, far fewer HIV tests and this shortage has led to a much higher arrival of late-stage HIV cases and even AIDS in hospitals. This trend is particularly serious among transgender women and men who have sex with men.

“Here in Mexico we concentrate the HIV pandemic, and that we are at a time when this issue of shortages has not stabilized, that there is already more clarity in purchases, but it is well known that all these changes in health systems continue for a year over the years they cause the situation to be increasingly fragile and in the matter of migrants that previously there was certainty so that they could access medicines through the Seguro Popular, now there is a legal limbo for which in some states it depends: on the states, the clinic or social worker; whether or not they give you medications,” said Baruch.

“If you are not a resident or a national here in Mexico, this is a matter won for people in transit seeking political asylum or who had stayed in Mexico,” he added.

Migrants lack access to HIV treatment

Mexico is located between the three regions with the world’s highest rates of HIV: the Caribbean, Central America, and the U.S. This has been used as a foundation for a culture of hatred against migrants, according to Siobhan McManus, a biologist, philosopher, and researcher at the Center for Interdisciplinary Research in Sciences and Humanities of the National Autonomous University of Mexico.

The lack of opportunities, violence and climate change that forces people whose livelihoods depend on agriculture to abandon their homes prompts migration from Central America.

Most migrants — LGBTQ or otherwise — experience violence once they arrive in Mexico.

Migrants wait for humanitarian visas at the Ciudad Hidalgo port of entry in Ciudad Hidalgo, Mexico, on Jan. 30, 2019. (Washington Blade photo by Michael K. Lavers)

Chiapas and other states have created an extensive network of clinics known by the Spanish acronym CAPASITS (Centro Ambulatorio para la Prevención y Atención en SIDA e Infecciones de Transmisión Sexual) that are specific HIV and STD units in major towns. They are often within close proximity to most people’s homes.

Sonora and Chihuahua states, which border the U.S., often have such clinics in only one or two cities. This lack of access means people will have to travel up to six hours to access these treatments.

People who have already been receiving treatment for a long time were previously given up to three months of treatment. They now must travel every month to receive their medications because of the shortages.

PrEP available in Mexico

The shortage of medical drugs for people who already live with HIV is a current issue for the Mexican government, but they have made free PrEP available for those who want to prevent themselves from the virus. 

Ivan Plascencia,  a 24-years old, who lives in Guadalajara, the capital of Jalisco state , has been using PrEP for several years since he became sexually active and he never had any complaints about the medication. Plascencia instead recommends his close friends to take advantage of this prevention drug that is available in one of the CAPASITS where he lives.

Post-pandemic screening tests

There are an estimated 260,000 people in Mexico who are living with HIV. Upwards of 80 percent of them knew their status before the COVID-19 pandemic.

The number of new cases that were detected in 2020 were 60 percent less than the previous year, but this figure does not mean HIV rates have decreased. 

In Jalisco, which is one of Mexico’s most populous states with upwards of 8 million people, there was a 40 percent increase in positive cases in 2020 compared to 2019. This increase has put a strain on service providers.

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Europe

Swiss voters overwhelmingly approve ‘Marriage for All’ law

Statute received 64 percent support in referendum

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Screenshot of pro-same-sex marriage 'Yes, love wins' banner on a Swiss Fence via BBC Europe

BERN, Switzerland — Voters in Switzerland on Sunday voted overwhelmingly in favor of a law that extends marriage rights to same-sex couples.

Swiss voters supported the “Marriage for All” law by a 64-36 percent margin in the referendum.

Lawmakers approved the statue late last year. Marriage equality opponents were able to force a referendum on it.

Switzerland joins neighboring France, Germany, Austria and other European countries that have extended marriage rights to same-sex couples.

Maria von Känel, co-president of the “Marriage for All” campaign, described the referendum results as “a historic day, a milestone for LGBTQ equality.”

“It’s a great achievement,” she told the Los Angeles Blade. “All cantons and 64.1 percent of Swiss voters have voted yes for marriage for all. Our partnerships and families are now recognized equally and legally.”

“We have great support of the family, children and human rights organizations and many thousands of people who took to the streets for this cause and did public work,” added von Känel. “We are infinitely grateful.”

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United Nations

US ambassador to UN calls for decriminalization of homosexuality

Linda Thomas-Greenfield spoke at U.N. LGBTI Core Group event

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U.S. Ambassador to the U.N. Linda Thomas-Greenfield (Photo courtesy of the U.S. State Department; public domain)

UNITED NATIONS — U.S. Ambassador to the U.N. Linda Thomas-Greenfield is among those who participated in a Wednesday event on the sidelines of the U.N. General Assembly that highlighted efforts to decriminalize consensual same-sex sexual relations.

Thomas-Greenfield in her remarks during the largely virtual U.N. LGBTI Core Group event noted consensual same-sex sexual relations remain criminalized in more than 70 countries.

“For millions of people it is illegal for them to be who they are, to love who they love. We need to repeal and eliminate these laws,” she said. “For our part, the United States is using our diplomacy, our foreign assistance and every tool we have to protect human rights, empower civil society and support local LGBTQI movements.”

The U.S. is one of 35 countries that are members of the Core Group.

Wednesday’s event also highlighted efforts to decriminalize transgender people and repeal laws that specifically target them.

“We need more countries to join this committed group,” said Thomas-Greenfield. “Together, let’s do everything we can to protect human rights and promote equality for all.”

Belgian Prime Minister Alexander De Croo; Nepalese Ambassador to the U.N. Amrit Bahadur Rai; New Zealand Ambassador to the U.N. Craig Hawke; Australian Permanent U.N. Representative Mitch Fifield; Brazilian Ambassador to the U.N. Rolando Costa Filho; Canadian Ambassador to the U.N. Robert Keith Rae; Assistant U.N. Secretary General for Strategic Coordination Volker Türk; Argentine Foreign Affairs Minister Santiago Cafiero; Dutch Foreign Affairs Minister Tom de Bruijn; Japanese Foreign Minister Jun Shimmi; Norwegian Foreign Affairs Minister Ine Eriksen Soreide; Salvadoran Foreign Affairs Minister Alexandra Hill Tinoco; Costa Rican Vice Multicultural Affairs Minister Christian Guillermet-Fernández; Finnish Foreign Affairs Ministry Johanna Sumuvuori; Nick Herbert of the British House of Lords; European Union Equality Commissioner Helena Dalli; Swedish Foreign Affairs Minister Ann Linde; Icelandic Foreign Affairs Minister Gudlaugur Thór Thórdarson; Maltese Equality, Research, Innovation and the Coordination of Post COVID-19 Strategy Minister Owen Bonnici; Mexican Multilateral Affairs and Human Rights Undersecretary Martha Delgado; Italian Foreign Affairs Undersecretary Benedetto Della Vedova; Chilean Foreign Affairs Undersecretary Carolina Valdivia; German MP Michael Roth; Irish State for Overseas Development Aid and Diaspora Minister Colm Brophy and Danish Development and Nordic Cooperation Minister Flemming Møller Mortensen participated in the event that Reuters U.N. Bureau Chief Michelle Nichols emceed.

Acting OutRight Action International Executive Director Maria Sjödin and activists from Bhutan, Botswana, Guyana, Mozambique, Angola, Panamá and India took part. Victor Madrigal-Borloz, the independent U.N. expert on LGBTQ issues, and Nikkie de Jager, a Dutch U.N. goodwill ambassador known as NikkieTutorials who is trans, also participated.

“Decriminalization is a very basic demand,” said Sjödin. “Given how many countries have these laws on the books, it is still a priority.”

Herbert, who is British Prime Minister Boris Johnson’s LGBTQ envoy, noted consensual same-sex sexual relations remain criminalized in 35 of the Commonwealth’s 54 countries. Herbert also announced the U.K. will give an additional $2.75 million to “support LGBT+ individuals in Commonwealth countries, including to those seeking to address outdated legislation that discriminates against women, girls and LGBT+ individuals.”

“We are clear that tackling discrimination is only one part of the issue,” said Herbert. “We must encourage countries as well to put in place laws that protect their LGBTI citizens going forward.”

President Biden in February signed a memorandum that committed the U.S. to promote LGBTQ rights abroad. The decriminalization of consensual same-sex sexual relation is one of the White House’s five global LGBTQ rights priorities.

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