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Workers still face Aids stigma

Nairobi residents take part in a procession at Kenyatta National Hospital to mark the World Aids Day last December 1.Photo /JAMES NJUGUNA

What you need to know:

  • Research shows that many companies have ignored policy on employees rights

A research released on Monday revealed that HIV positive workers in Kenya still face stigma and discrimination despite enactment of work place policies to shield them in their places of work.

According to a research released Tuesday by Labour Awareness and Resource Centre, most companies did little to ensure that HIV positive workers were free from stigma and discrimination and enjoyed a normal working environment just as the HIV negative workers.

This is despite enactment of the National Code of Practice on HIV/Aids in the Work Place by the Labour ministry in July.

The research was conducted on 39 companies. The report was presented during a breakfast meeting organised by Kenya Aids NGOs Consortium Kanco, an organisation that brings together over 100 NGOS that work to combat HIV/Aids, at a Nairobi hotel.

According to the International Labour Organisation (ILO) code of practice on HIV/Aids and the world of work, there should be no discrimination against workers on the basis of real or perceived HIV status.

The code enacted in 2001 also states that infected workers should be accorded support and health care services by their employer. The same policies are echoed in the Kenya National Code of Ethics on HIV/Aids in the work place enacted in July.

The Employment Act 2007 also spells out clearly that; no employer shall discriminate or harass, directly or indirectly an employee or prospective employee on grounds of their HIV status.

This act clearly outlaws HIV test as a criteria for vetting prospective staff.

This year marks the 25th anniversary since the first HIV case was reported in 1984. The theme for this year’s World Aids Day is ‘‘Universal access and human rights”.

The research also revealed that human rights was not used as a criteria in picking winners in the just concluded Company of the Year Awards (Coya).

“Its unfortunate that they only consider issues such as customer orientation, social responsibility and business results ignoring the implementation of the fundamental human rights of workers including especially the HIV positive,” said Mr Steve Ouma, a researcher with the organisation.

Only 5 of the 39 companies reviewed fared well on implementing human rights policies favouring HIV infected workers.

Horticultural firms, especially flower and tea farms, were named as the worst implementors of the policies.

On the other hand, the manufacturing and service sectors fared well in the implementation of the policies but unfortunately most workers are casuals and thus cannot fully enjoy the policies.

Meanwhile, the UN secretary General has called for an end to violation of the rights of people living with HIV.

Mr Ban Ki-moon called on all countries to live up to their commitments to enact or enforce legislation outlawing discrimination against people living with HIV and members of vulnerable groups who include women and girls, men who have sex with men, injecting drug users and sex workers.

In a press statement to mark the World Aids Day, Mr Ban said there was need for governments to urgently remove punitive laws and practices and put an end to discrimination against and criminalisation of people affected by HIV.

“On World Aids Day let us also act on HIV prevention. For every two people put on treatment, five are newly infected. Too often prevention programmes are not reaching those most in need,” said the secretary general. Mr Ban said gender violence was fuelling HIV/Aids infections and asked governments to be responsible.

In Mutito district, people living with Aids in Zombe area gave painful experiences on how they had been shunned by neighbours and villagers.
People shied away

Some narrated how they were forced to close down their shops as people shied away from associating with them for fear of contracting the disease.

Sister Rita Anunda of the Zombe Catholic Parish said stigma in rural areas was the greatest obstacle to efforts to have many people tested.

“Institutions that do the tests must restore confidence for people to trust them and volunteer to be tested,” Sister Anunda told celebrations to mark the World Aids Day presided by District Commissioner Jimmy Kamau.

Mutito MP Kiema Kilonzo urged his constituents to appreciate and show compassion to the infected.

Reported by Alex Ndirangu, Kibiwott Koross and Kitavi Mutua