Mary Kamukama
25 June 2008
opinion
One of the most important developments in the fight against the Aids pandemic is the "National Policy on HIV/AIDS and The World of Work", which the Ministry of Gender and Social Development launched early this year. The launch concluded a long protracted process that kept the policy in draft form for so long.
While the policy reverses a disconcerting trend where prospective workers have been denied employment just because they are HIV positive or found positive after being forced to take an HIV test, many more workers have lost their jobs, because they tested positive for HIV. Others because of irregular show-ups at the workplace, as they fight for their lives, spending long periods in hospital, showing up at work briefly, only to be bedridden again.
In a world where the drive for profit has thrown human rights considerations out the window, such workers are promptly discarded as useless.
Some have kept their jobs alright, but many more continue to suffer finger-pointing and discrimination of the worst kind that makes them feel less human. At face value, this policy protects the workers and prospective workers from the extremes of unscrupulous capitalistic and exploitative employers.
But beyond that, it also provides a win-win situation by making stipulations that protect the rights and dignity of workers, while concurrently addressing the labour and profit concerns of the employers. The policy is a welcome indication of the government's determination and commitment to protect the rights and dignity of all workers irrespective of their HIV status.
It provides basis for organisations to put in place comprehensive workplace programmes, combining prevention, care and the protection of rights of all employees and it is very crucial in setting the tone for communicating about HIV at the workplace.
The policy applies to all sectors- all workers and prospective workers from the public and private sectors both formal and informal as well as the self employed.
Implementation of HIV/Aids polices in places of work is likely to minimise the possibility of HIV infection among workers, ensure a supportive work environment for workers infected and affected by HIV/Aids, manage and mitigate the impact of HIV/Aids and also eliminate stigma and discrimination in the workplace on the basis of one's HIV status.
As recently stated by the Director of Open Society Initiative for East Africa, Binaifer Nowrojee during the launch of their report on HIV/Aids, Human Rights and Legal Services in Uganda; Uganda cannot effectively respond to the Aids crisis without protecting the rights of the most marginalised members of society.
Experience has shown that it is one thing to have a good policy and quite another for the policy to be implemented. Uganda must now urgently work towards putting in place laws that categorically lay down sanctions against individuals and organisations whose actions by omission or commission defeat the spirit of this policy, by violating the rights of workers living with HIV/Aids.
May this policy be the starting point on which to build a legal framework that will help those whose rights have been violated to claim legal redress.
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