Discriminatory practices must be eradicated
We must prioritise awareness campaigns that promote understanding and compassion towards people living with HIV/Aids.
What you need to know:
- It is crucial to tackle the underlying issue of HIV-related stigma in Kenya.
- Violations perpetrated by KRA are an affront to the dignity and rights of the affected.
The recent revelations of the Kenya Revenue Authority’s (KRA) dismissal of 133 job applicants owing to mandatory HIV and pregnancy tests along with intrusive inquiries into contraceptive methods are profoundly troubling and raise serious concerns.
The mandatory medical examinations represent a clear violation of constitutional and human rights. Article 27 of the Constitution explicitly prohibits discrimination based on one’s health status.
By subjecting candidates to these tests and checking for contraceptive methods without their consent, KRA infringes upon their right to informed consent, fair labour practices and bodily autonomy and integrity.
It perpetuates discrimination against women, reinforces harmful gender stereotypes and denies reproductive justice. It not only violates individual rights but also contributes to gender-based discrimination in employment practices.
Besides, compulsory HIV testing is explicitly prohibited under the HIV and Aids Prevention and Control Act, 2006, which prohibits compelling individuals to undergo HIV tests as a condition for recruitment or continued employment.
Invasion of privacy
KRA’s actions in this regard not only contravene the law but also undermine efforts to combat stigma and discrimination against people living with HIV.
The explanation by Risper Simiyu, Commissioner of Domestic Taxes at the authority, that these tests were necessary due to the paramilitary nature of the training, is not only weak but outright unacceptable.
Such justification attempts to cloak discrimination and invasion of privacy in the guise of training requirements. It is a thinly veiled attempt at justifying gross violation of fundamental rights.
KRA must be held accountable for gross human rights violations and the concerned officers suspended with a demand for individual accountability.
And there is a pressing need for remedial measures to address the harm suffered by the affected candidates.
Parliamentary intervention is essential to investigate this matter thoroughly. It is crucial to ensure that such violations do not recur.
Awareness campaigns
And there is a demand for transparency in recruitment policies, emphasising a non-discriminatory approach that aligns with constitutional provisions.
It is crucial to tackle the underlying issue of HIV-related stigma in Kenya. We must prioritise education and awareness campaigns that promote understanding and compassion towards people living with HIV/Aids.
Robust legal frameworks and enforcement mechanisms are essential to protect the rights of individuals and prevent discrimination in all spheres of life, including employment.
The violations perpetrated by KRA are not only an affront to the dignity and rights of the affected candidates but also a stain on Kenya’s commitment to upholding human rights and the rule of law.
Society must unequivocally condemn such actions and demand accountability from those entrusted with power. Only through collective action can we ensure that such injustices are never repeated.
Ms Kathia, a communications specialist, is a human rights defender and advocate at NAYA Kenya. [email protected]
