Gaborone — The Botswana government has passed an amendment to its Employment Act that will bring an end to dismissal based on an individual's sexual orientation or HIV status, but rights groups believe the legislation needs to go further.
Civil society organizations in Botswana welcomed the move but said legislation to protect the rights of people living with HIV in the workplace was necessary.
In a 30 August statement, the Botswana Network on Ethics, Law and HIV/AIDS (BONELA) said that it had evidence that some employers had been using HIV status as grounds for dismissal, and welcomed the amended Employment Act as "a progressive move on the part of government, which is likely to uproot stigma and discrimination within the workplace".
The rights group noted that "tolerance and acceptance of sexual minorities will ensure universal access to prevention, treatment, care and support - crucial for Botswana to achieve its ... goal of zero new HIV infections by 2016".
Gadzani Mhotsha, Secretary General of the Botswana Federation of Trade Unions (BFTU), told IRIN/PlusNews: "While we appreciate this amendment as a step in the right direction, for us it is not comprehensive enough in dealing with the serious issues of HIV at the workplace ... the best way to deal with ... [employers] is to come up with full legislation on an issue - not piecemeal amendments."
BONELA's legal officer, Dikeledi Dingake, said in a statement that a specific HIV Employment Act should be passed. "The HIV/AIDS Employment Law, as envisaged by BONELA, should pay attention to matters of reasonable accommodation for those who are HIV-positive, ensuring they have a safe and supportive environment to access treatment, care and support."
Civil society has also called on the government to enact laws prohibiting private sector employers from testing potential employees for HIV and subsequently disqualifying them on the basis of an HIV-positive status.
"This practice is not only discriminatory, but puts productive people who may contribute meaningfully to the country's development [out of action]," Dingake commented.
The International Labour Organization (ILO) Committee of Experts noted in a recent report on Botswana's labour legislation that the amended Employment Act "only prohibits discrimination in respect of termination of employment contracts".
"The Committee hopes that the government will take this opportunity to include more comprehensive provisions to prohibit direct and indirect discrimination in employment and occupation, including, with regard to recruitment and selection, all terms and conditions of employment and training."
[ This report does not necessarily reflect the views of the United Nations ]
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A society should persecute and prosecute citizens for their wrong ACTIONS alone, and not for who the are alleged to be.
If one has a deadly disease, then a society that would be healthy is duty bound to protect healthy citizens, within reason.
If a citizen that is sick with AIDS is not knowingly infecting or intending to infect healthy citizens, then such a citizen shouldn't be persecute needlessly.
And if someone is born with the birth defect of homosexuality or was sodomized into a state of homosexuality as a child by adult perverts, then such an unfortunate citizen should not be persecuted for merely being of birth/behavioral defective state.
However, the perverted homosexual ACTS are unnatural, abnormal, societally worthless, and an additional threat to the younger/weaker minds in the society; and it is un-African, a human wrong.
Therefore citizens born with homosexual tendency is not at liberty to act homosexually with others. That perverted ACT should ALWAYS be a crime. And those who act homosexually with other should be persecuted and put out of business.
Omugabe, this question of homosexuality is a tough one and I am glad to see in your post that at least you recognize the fact that it is a human state that one is born with. That is a path in the right direction. For those of you who are " righteous," let me put a question to you. Are you God? The commandments of God tell us not to commit many "ACTS", but look at us all. We commit everyone of them including sodomy. I hope what I am going to tell you next will not shock you too much and is by no means disrespectful but only to make you realize that the non homosexual community is not as " innocent" as you might think. On MANY occasions pregnant women are sodomized by their husbands during all various stages of gestation bringing these women into labour with some even having premature baby deliveries - fact. Heterosexuals are attracted to women, and what would happen if they were told they could not have sexual relations with those to whom they are attracted just as we are saying to the gay man? Would you have remained celibate all your life? Well? How then can we expect those who are homosexual to remain celibate all their lives? What they do behind closed doors is their business just as what WE do behind closed doors is our business. Until I wake up one morning and find myself God, I will not condemn my brothers because it is not a crime to be what you are created to be.