Law to protect HIV-AIDS workers on cards

OUTLAWING discrimination against HIV-AIDS-infected employees in the workplace is a step closer to becoming a reality.

The National Council yesterday agreed that a provision be included in the new Labour Law, which would guarantee the protection of the country’s HIV-AIDS infected workforce. The House agreed to make several amendments to the Bill based on findings of the Standing Committee on Constitutional and Legal Affairs which subjected several aspects of the Bill to public discussion at regional hearings in June.When the Bill went before the National Assembly a month ago, MPs there ignored fierce lobbying by nearly 20 NGOs to consider inserting provisions specifically related to HIV-AIDS, pregnancy and sexual harassment and passed the Bill without any policy changes.The new Bill is set to replace the current Labour Act of 1992.Presenting the findings of the public hearings in the National Council earlier this week, the Chairperson of the Standing Committee on Constitutional and Legal Affairs of the National Council, Karlous Shinohamba, told the House that it was necessary to make changes to the Bill before it was enacted into law to align it with other labour policy practices.The Labour Bill in its current form only prohibits discrimination against individuals on the grounds of physical or mental disability.Various representatives of workers’ unions and employers’ organisations have supported the idea that HIV should not be considered a disability, as many people remained productive for many years without falling ill.During recent public consultations, the Labour Ministry stuck to its guns, arguing that HIV-AIDS should be treated in the same way as other illnesses such as tuberculosis or cancer.”Since HIV-AIDS is a stigmatised disease, persons living with HIV should be protected against wide-spread discrimination and stigmatisation,” says the parliamentary committee’s report.Michaela Clayton, head of the AIDS law unit within the Legal Assistance Centre – which had made submissions to the committee on behalf some 17 NGOs – said she was very glad the proposal had been accepted.She said because of the stigma and discrimination attached to HIV-AIDS, it warranted specific considerations in the workplace that were not necessarily the case with other serious illnesses.Clayton added that it was also necessary to align Namibian laws with SADC legislation on HIV and employment.Besides HIV-AIDS, the National Council has also recommended that current or impending pregnancy be specified in the new Bill as another ground on which employees would not be allowed to discriminate.The councillors also tabled an amendment to the Bill to insert a section, which will clearly define and prohibit sexual harassment.The National Council also supports the new Labour Bill which makes family responsibility (compassionate) leave for illness and death compulsory for all employers.An amendment has been proposed that it be treated as a separate form of leave and that an employee receive a minimum of five working days a year, fully paid and non-accumulative for this purpose.The Public Service already offers civil servants compassionate leave.Private companies offer this at their discretion.The National Council unanimously passed the Bill after agreeing to the amendments.After sitting for only three days, the National Council has gone into recess until October.The House agreed to make several amendments to the Bill based on findings of the Standing Committee on Constitutional and Legal Affairs which subjected several aspects of the Bill to public discussion at regional hearings in June.When the Bill went before the National Assembly a month ago, MPs there ignored fierce lobbying by nearly 20 NGOs to consider inserting provisions specifically related to HIV-AIDS, pregnancy and sexual harassment and passed the Bill without any policy changes.The new Bill is set to replace the current Labour Act of 1992.Presenting the findings of the public hearings in the National Council earlier this week, the Chairperson of the Standing Committee on Constitutional and Legal Affairs of the National Council, Karlous Shinohamba, told the House that it was necessary to make changes to the Bill before it was enacted into law to align it with other labour policy practices.The Labour Bill in its current form only prohibits discrimination against individuals on the grounds of physical or mental disability.Various representatives of workers’ unions and employers’ organisations have supported the idea that HIV should not be considered a disability, as many people remained productive for many years without falling ill.During recent public consultations, the Labour Ministry stuck to its guns, arguing that HIV-AIDS should be treated in the same way as other illnesses such as tuberculosis or cancer.”Since HIV-AIDS is a stigmatised disease, persons living with HIV should be protected against wide-spread discrimination and stigmatisation,” says the parliamentary committee’s report.Michaela Clayton, head of the AIDS law unit within the Legal Assistance Centre – which had made submissions to the committee on behalf some 17 NGOs – said she was very glad the proposal had been accepted.She said because of the stigma and discrimination attached to HIV-AIDS, it warranted specific considerations in the workplace that were not necessarily the case with other serious illnesses.Clayton added that it was also necessary to align Namibian laws with SADC legislation on HIV and employment.Besides HIV-AIDS, the National Council has also recommended that current or impending pregnancy be specified in the new Bill as another ground on which employees would not be allowed to discriminate.The councillors also tabled an amendment to the Bill to insert a section, which will clearly define and prohibit sexual harassment.The National Council also supports the new Labour Bill which makes family responsibility (compassionate) leave for illness and death compulsory for all employers.An amendment has been proposed that it be treated as a separate form of leave and that an employee receive a minimum of five working days a year, fully paid and non-accumulative for this purpose.The Public Service already offers civil servants compassionate leave.Private companies offer this at their discretion.The National Council unanimously passed the Bill after agreeing to the amendments.After sitting for only three days, the National Council has gone into recess until October.