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Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5 August 2008 www.ahpn.org Race and Immigration: the Criminalization of HIV transmission

Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

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Page 1: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

Rhon ReynoldsHead of Policy and Acting CEO, African HIV Policy

Network

AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference

5 August 2008

www.ahpn.org

Race and Immigration:the Criminalization of HIV transmission

Page 2: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

Within a predominantly white culture (as the UK) the black body is different and thus framed within the dominant discourses as Other. The qualities and character of its Otherness, ones which overlap depending on the discursive or ideological purpose to which the black body is being put, are, variously sexual potency, desirability and promiscuity, laziness, economic unproductiveness, stupidity, and (especially young black males ) criminality. These qualities when combined with fears about HIV and about the impact of immigration and asylum from Africa on the UK’s economy, culture and mores, serve to create a heady and dangerous climate of fear and mistrust and to increase already present racist hostility. Nowhere have these elisions found extreme expression in England and Wales than in the cases involving reckless transmission of HIV.

Intimacy and Responsibility: the Criminalisation of HIV Transmission, Matthew Weait

Page 3: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

HIV and black African Communities in the UK

HIV-infected persons accessing care by prevention group, UK: 2006

Children infected vertically

MSM -white39%

MSM - non-white4.4%

Het – black African

Het - white10%

36%

Heterosexuals - all other ethnic groups5.0%

IDU2.8%

Blood product recipients1.0%

2.3%

Epidemiology of HIV among black Africans in the UK impact of migration & a highlight of gender inequalities Dr Valerie Delpech, Health Protection Agency, March 2008. http://www.nahip.org.uk/downloads/352.ppt

Page 4: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

HIV and black African Communities in the UK

Black African are rendered significantly less powerful than other groups by a range of factors including:Social and institutional racism

anti-asylum discourses and practices

the capacity to spread disease and to drain state resources. www.ahpn.org

Page 5: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

Immigration policy and legal responses towards African people with HIV

Dispersal, Deportation, Detention, Destitution

Charging for HIV treatment

Government review of “imported infections”

www.ahpn.org

Page 6: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

Criminalization of HIV transmission in England and Wales

www.ahpn.org

Are the people prosecuted for HIV transmission in the criminal courts representative of the UK epidemic? NAT, April 2007 http://www.nat.org.uk/document/331

Page 7: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

Response from the Press

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Page 8: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

Response from the Press

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Page 9: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

Response from the Press

Coverage primarily negative about migrants/ immigration Migrants rarely personified or quoted.

Coverage generally “faceless” unless subject is prosecution: references to “cases”, “victims”, “sufferers”.

Immigration: migrants as fraudsters/cheats; HIV status presented as further evidence of “degeneracy”.

Prosecution: people who have transmitted HIV are presented as criminals; immigration status presented as further evidence of “degeneracy”.

Poor understanding of terminology: interchangeable use of “HIV”, “AIDS”, “migrant”, “illegal immigrant”, “asylum seeker”.

HIV and Migration in the British Press, Victoria Field Terrence Higgins Trust NAHIP Conference, May 2006

Start the Press, How African communities in the UK can work with the media to confront HIV stigma, AHPN and Panos London, 2007

www.ahpn.org

Page 10: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

Impact on African communities

….media coverage concerning criminalisation makes the stigma associated with having HIV far worse. African people living with HIV in particular are concerned about the impact of these prosecutions on their own lives, especially those who see gender and racial bias in the criminal prosecution system and the media (Dodds et al. 2004a).

Grevious Harm, Sigma Research, October 2005

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Page 11: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

October 2004 NAT/THT wrote to Crown Prosecution Service and to the Chair of the Commission for Racial Equality

CPS –Working Group on the Transmission of Serious Disease Involved CPS, HIV sector, senior clinicians, Department of Health,

metropolitan police Subgroups

Public Health Legal Equality and Diversity

Equality and Diversity Impact Assessment Report (2007) http://www.cps.gov.uk/publications/docs/equality_eia_sti.pdf

Guidance published March 2008

CPS says in its Policy Statement We will be mindful of any indications that there is a disproportionate

impact on any particular group of individuals that we may prosecute.

Informing policy and guidance for prosecutors

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Page 12: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

Moving forward?

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Page 13: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

www.ahpn.org

Moving forward?

Page 14: Rhon Reynolds Head of Policy and Acting CEO, African HIV Policy Network AIDS 2008 - Mexico City 3-8 August 2008 - XVII International AIDS Conference 5

Thank youwww.ahpn.org

Thanks toSigma Research and National AIDS

Trust