Now, employers can't shut gates against PLWA

November 1, 2006 :: Funmi Komolafe Vanguard,Lagos

Members of the Nigerian delegation due to leave for Geneva, Switzerland, in a couple of days, have cause to beat their chests. Why?

The three social partners have, by their activities, demonstrated that they, indeed, deserve to have been elected members of the Governing Body. The latest being the launch of the National Workplace policy on HIV/ AIDS recently in Abuja.

In this edition, we disseminate information on the role expected to be played by the three social partners; Government, Workers and Employers, as well as the role of Persons Living With HIV/ AIDS ( PLWA).

SOMETIME in 2001, the International Labour Organisation published "An ILO code of practice on HIV/AIDS and the world of work" with input from many experts including Nigeria's Dr. Lekan Ali. Indeed, Vanguard was the first Nigerian newspaper to publicise that document.

The document is in pursuit of the ILO's Decent Work Agenda which has been championed by the ILO's Director-General, Mr. Juan Somavia. Explaining the ILO's interest in HIV/AIDS and the world of work, he said, "Beyond the suffering it imposes on individuals and their families, the epidemic is profoundly affecting the social and economic fabric of societies.

HIV/AIDS is a major threat to the world of work: it is affecting the most productive segment of the labour force and reducing earnings, and it is imposing huge costs on enterprises in all sectors through declining productivity, increasing labour costs and loss of skills and experience" among other factors. From then on, member countries were expected to discuss with social partners to produce a similar document for local use. This, Nigeria has just done.

Labour Minister, Dr. Muhammad Hassan Lawal, in his foreword to the document, stated, "Recognising that the worker is the most important factor in production, the Federal Ministry of Labour and Productivity, in collabo-ration with our social partners, development partners, Non- Governmental Organisations and People Living with HIV/AIDS, developed and produced a Policy that will guide the prevention of HIV/AIDS, the response to its spread and the management of its impact in the workplace".

He wrote that the policy is aimed at "Protecting the rights and dignity of workers infected/affected with HIV and AIDS, reducing stigma and discrimination based on real or perceived HIV status" etc.

National Workplace Policy On HIV/ AIDS

Acknowledging that Nigerians are aware of the existence of HIV/AIDS but "the knowledge of employers and the workers about prevention, care and support is low", the social partners and their allies noted that "myths and misconcepetions on HIV/AIDS are common".

They made it clear that "with this Policy in place, the stage is set for a renewed effort aimed at improving access of workers to HIV/AIDS education, prevention, impact mitigation, care and support".

To ensure that this does not remain a document on the shelf without implemen-tation, all agreed that "the Federal Ministry of Labour and Productivity shall liaise with key stakeholders to facilitate the enactment or review of laws that pertain to stigmatisation and discrimi-nation against People Living with and affected by HIV/AIDS in the workplace".

Labour Vanguard can, indeed, confirm that people living with HIV/AIDS have suffered discrimination in the workplace, especially with employers who do not belong to the fold of the Nigeria Employers Consultative Association. Some have made tests for HIV/AIDS a condition for employment and where the prospective employee tests positive, he or she is simply denied employment. Others have had to terminate the appointments of employees with HIV simply because they do not want to settle the medical bills of such persons.

ROLE OF EMPLOYERS ORGANISATIONS

As articulated in the policy, "Employers shall adhere to the provisions of this policy in relation to negotiating terms and conditions of employment about HIV and AIDS issues with workers and their representatives and endea-vour to include provisions on HIV/AIDS protection and prevention in workplace enterprise agreements".

Personnel Policies: it is stated that "Employers shall not engage in or permit any personnel policy or practice that discriminates against workers infected with or affected with HIV/AIDS".

To guarantee a safe and healthy work environment, the policy states "Employers shall ensure a safe and healthy work environment including the application of universal precautions and measures such as the provision and maintenance of protective equipment and First Aid".

Not leaving out employers in the informal sector which, indeed, has quite a sizeable number of employees, it is stated that, "employers in the informal sector shall form partnerships and develop appropriate prevention and care programmes for their workers consistent with the guidelines provided in this policy. Government, NGOs and other stakeholders should endeavour to assist the informal sector to create such partnerships".