1. Washington D.C., USA, 22-27 July 2012www.aids2012.org The Black Diaspora in the US A State of Being Vanessa Johnson, JD United States US Positive Women’s Network

2. Washington D.C., USA, 22-27 July 2012www.aids2012.org Who are we and where do we live? United States – The US has a total resident population of 313.4M (2010) There are an estimated 40 million people of African descent living in the US. –African Americans comprised 12.1 percent of the total population in the United States, constituting the largest racial minority group. –African immigrants represent 6 percent of all immigrants to the US States and almost 5 percent of the African American community nationwide.

3. Washington D.C., USA, 22-27 July 2012www.aids2012.org What has been the impact of incarceration? World’s #1 destination for incarceration –The US makes up 5% of the world’s population but has 25% (2.5M) of the world’s prison population and 5M under parole or (community) supervision (2011) The impact on people of African descent –Black men make up 40.2 percent of all prison inmates (2008). For Black males in their twenties, 1 in every 8 is in prison or jail on any given day (2011) –Black women account for 32.6% of incarcerated women (2008)

4. Washington D.C., USA, 22-27 July 2012www.aids2012.org What happens when the culture of criminalization, stigma and HIV collide? In communities in which incarceration rates are high, HIV rates are also high. – Community: Social determinants such a poverty, education, employment, access to health services, and HI-related stigma dictate level of HIV in black communities – Former inmates: Social (stigma), economic (no job) and political (no vote) isolation

5. Washington D.C., USA, 22-27 July 2012www.aids2012.org The New Jim Crow

6. Washington D.C., USA, 22-27 July 2012www.aids2012.org What happens when the culture of criminalization, stigma and HIV collide? HIV criminalization laws for nondisclosure and transmission of HIV. Carrying protective paraphernalia (i.e. condoms and needles): – Impact on street workers protecting themselves – Impact on syringe users

7. Washington D.C., USA, 22-27 July 2012www.aids2012.org US HIV Criminalization Laws 37 states and territories have some version, including sentence enhancement. Typical elements ­ Person being charged knows that s/he is HIV- positive. ­ Typically, actual transmission is unnecessary; exposure without disclosure is enough. ­ Some laws: disclosure and proof of consent is defense; however, low viral load not a factor. ­ Some laws punish no-risk contact ­ Spitting, biting, and scratching

8. Washington D.C., USA, 22-27 July 2012www.aids2012.org

9. Washington D.C., USA, 22-27 July 2012www.aids2012.org What is the Community Doing? Executive Order –National HIV/AIDS Strategy Legislation –The REPEAL HIV Discrimination Act (2011) –The Stop AIDS in Prison Act (2011) –The JUSTICE Act (2011) –Detainee Basic Medical Care Act (2008) Advocacy –Positive Justice Project –SERO

10. Washington D.C., USA, 22-27 July 2012www.aids2012.org Want to contact me? Vanessa Johnson, JD Principal and Owner Just Cause Consulting, LLC 604 9 th Street NE, Lower Level Washington, DC 20002 vjohnson84bj@gmail.com 301-768-2852