Govt sluggish on HIV employment law
ISAIAH MOREWAGAE
Staff Writer
| Friday December 5, 2008 00:00
BONELA says that comments made in Parliament recently by the Minister of Labour and Home Affairs, Peter Siele, to the effect that his ministry is still in the process of consulting relevant stakeholders in pursuit of the formulation of a policy on HIV in the workplace is unwarranted.
BONELA media advocacy officer, Doris Kumbawa says the minister's comments were misplaced as consultations are not necessary at this point because issues of HIV and employment are common cause around the world. She said the continuing abuses in the workplace prompted BONELA to hand in a petition with over 13,000 signatures to the then Minister, Charles Tibone on September 14, last year for the government to enact as a matter of urgency an HIV Employment Law.
'Since then, there is an apparent lack of political will on the part of government to enact that specific law,' she said.
Kumbawa was concerned that the government has been in the process of formulating an HIV Employment Policy since 2005, 'and this process has not yielded any fruit to date'.
Kumbawa said Botswana already has a National Policy on HIV/AIDS, which is adequate in addressing aspects that are currently problematic, such as pre-employment HIV testing, but the policy does not have the force of law.
She says there is no need for a revised policy. She added that the Industrial Court and the Court of Appeal have persistently and conclusively pointed out that the current policy is not a binding document hence Botswana will not benefit from another policy should it finally come.
Kumbawa added that regionally, other countries are long past the stage of discussing policies with regards to employment and HIV/AIDS. 'Neighbouring Zimbabwe for example, has as far back as 1998 seen the need to put in place a law that serves to safeguard employees from discrimination in the workplace,' Kumbawa said.
BONELA acting director, Uyapo Ndadi said: 'The writing is on the wall that this law is required as a matter of urgency. BONELA continuously receives an alarming number of cases that can be cured by the required law. He was concerned that any further delay amounts to subjecting people to the indignity of not being hired, losing their jobs, prejudice, stigma and discrimination based on their HIV status.
'I am discouraged by increasing reports of employees not having time off to attend to their medical requirements, which forces them to make a choice between leaving their treatment to keep their jobs, or losing their jobs in order to adhere to life prolonging treatment,' Ndadi said.
He said Batswana need an HIV Employment Law and its necessity and urgency is far greater than that of the Media Practitioners' Bill or the Security and Intelligence Act as its absence impacts adversely on people's livelihoods.