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Namibia: ILO and the International Labour Standard On HIV/Aids

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Original Post Date: 2010-09-21 Time: 16:00:02  Posted By: News Poster

By Catherine Sasman

Windhoek – Namibian-born medical doctor, Dr Sophia Kisting, has in her capacity as the Director of the International Labour Organisation (ILO) Programme on HIV/AIDS and the World of Work been pushing for the adoption of a new labour standard on HIV and AIDS at work. It was adopted earlier this year. New Era considers the instrument.

The International Labour Organisation (ILO) earlier this year adopted a landmark international labour standard on HIV/AIDS that would significantly upscale the impact of prevention and treatment programmes to fight the scourge and diminish its negative economic implications.

It is also the first international human rights instrument that focuses explicitly on HIV/AIDS in the workplace.

It is also the first-ever endeavour to prevent discrimination against AIDS patients at the workplace.

It further considers, for the first time at this level and scale, universal standards for treatment and care, as well as support.

Its non-binding recommendations call upon member countries to launch AIDS prevention programmes at offices, and urges countries to provide all-out assistance to AIDS-infected workers as much as they can.

The recommendations further cover the army and other uniformed services.

Director of the ILO Programme on HIV/AIDS and the World of Work, Dr Sophia Kisting, said the recommendations would ensure confidence of job security and access to treatment.

“We want to get rid of the silence and the shame around it and let people know they won’t lose their job or won’t be shunned at work,” she said.

HIV was identified as affecting the most economically active age range in every population. It was further estimated that the majority of the 33.4 million people living with HIV globally are workers with skills and experience.

And with more people managing the disease with the availability of drugs, they live longer in spite of infection.

Over the past number of years, demands became louder to bring about a set of regulations to stop discrimination against HIV/AIDS sufferers.

This instrument further builds on and extends 10 key principles contained in the ILO Code of Practice on HIV/AIDS and the World of Work.

The ILO Code of Practice was adopted in 2001. And although it is a set of principles greatly supported among ILO members and United Nations (UN) agencies, Kisting was of the opinion that while there is no change to the code, there tends to be selective implementation of its 10 principles.

The new standard thus augments the existing ILO Code of Practice on HIV/AIDS in the workplace.

She said the adoption of the new labour standard would strengthen the code and create greater harmonisation of workplace programmes.

The recommendation for the instrument was proposed by the ILO Governing Body, because, as Kisting said, the ILO’s constituencies wanted to find a way to help address stigma and discrimination associated with HIV/AIDS.

This body was asked to promote the implementation of the new instrument, and to allocate greater resources to give effect thereto.

The ILO Governing Body was further asked to request regular reports from member states on the monitoring of the implementation of the new standard.

Moreover, a suggestion was made that a Global Action Plan be established to achieve the widespread implementation.

“To this day stigma and discrimination still means job losses, it still means a lack of access to jobs, and it still means that through fear and going too late for an HIV test that potentially a life is lost,” said Kisting.

She thus described the instrument and its adoption as “historical” and urged for the creation of stronger synergies at international and national levels to tackle the pandemic.

Kisting optimistically said the instrument is a major contribution to make the dream of an AIDS-free generation a reality.

“HIV/AIDS threatens a wide range of human rights – the right to be free from discrimination; the right to privacy; the right to equality of access to social protection; the right to education and information; the right to the highest attainable standard of education and the right to freedom of movement,” said Kisting.

Following two years of intensive debate, the instrument was adopted by a vote of 439 to four votes, with 11 abstentions.

It thus received an overwhelming support from government officials of member countries to the ILO, trade unions and employers’ groups.

The sectors met in Geneva to thrash out the contents of the agreement, approved it, and alongside this, adopted a resolution on the promotion and implementation of the labour standard.

These sectors felt that the standards brought them onto the same page, upping the ante in the fight against HIV/AIDS.

It was subject to a final round of discussions at the 99th International Labour Conference, and adopted in the form of a recommendation, which is one of two kinds of labour standards that the ILO can adopt.

And as in the case with most ILO standards, its content was subject to two rounds of discussions at the yearly ILO conference in 2009 and 2010.

During this year’s discussion, the draft text of the standard received amendments that strengthened its provisions in a number of areas that include gender equality, reproductive health and rights, social protection, occupational health and safety.

It also includes measures addressing vulnerable and marginalised groups, such as transiting and migrating workers, and covers, as mentioned, armed forces and uniformed services.

“The recommendation will not only be an important instrument to guide the work of the ILO and its constituents, but will also enhance coordination in the international AIDS community.

“With strong provisions on prevention and social protection, the recommendation will reinforce ILO’s work in support of the UNAIDS 10 priority areas,” said Kisting.

While the recommendation is distinct from a convention in that it does not require ratification, under Article 19 of the ILO Constitution, a recommendation must still be communicated to national parliaments and discussed in terms of how it might be implemented through national policies and legislation.

The standard contains provisions on prevention programmes and anti-discrimination measures at national and workplace levels aimed at strengthening the contribution of HIV-positive people to work.

It further emphasises the importance of employment and income-generating activities for workers and people living with HIV, particularly in terms of continuing treatment.

The instrument states that there should be no discrimination against or stigmatisation of workers, in particular jobseekers and job applicants, on the grounds of real or perceived HIV status, or the fact that they belong to segments of the population perceived to be at greater risk of or more vulnerable to HIV infection.

It states that prevention of all modes of HIV transmission should be a fundamental priority, and that workers – including their families and dependants – should have access to and benefit from prevention, treatment, care and support in relation to HIV/AIDS.

It says that the workplace should play a role in facilitating access to such services.

The instrument further recommends that workers should participate in the design and implementation, and evaluation of national and workplace programmes.

Workers should further benefit from programmes to prevent specific risks of occupational transmission of HIV and related transmissible diseases like tuberculosis.

It further states that workers, their families and dependents should enjoy protection of their privacy, which includes privacy or confidentiality related to HIV and AIDS. This is particularly so in relation to a worker’s HIV status.

In this vein, it stipulates that no worker should be required to undertake an HIV test or to disclose his or her HIV status.

The ILO said measures to address HIV and AIDS in the world of work should be part of national development policies and programmes, including those related to labour, education, social protection and health.

And this, it said, should include the protection of workers in occupations that are particularly exposed to the risk of HIV transmission.

Original Source: New Era (Windhoek)
Original date published: 21 September 2010

Source: http://allafrica.com/stories/201009210671.html?viewall=1