Soldiers want discrimination to end Living with AIDS # 305

KHOPOTSO: Donning a red T-shirt with the words ‘€œSoldiers are workers too!’€ screaming out in yellow, the General-Secretary of SASFU, the South African Security Forces Union, Themba Hlatshwayo, said this week that failed talks with their employer have left the union with no choice but to seek relief through the court.

 

THEMBA HLATSHWAYO: This is the culmination of a long process of attempts to engage the South African National Defence Force for over 13 years on matters relating to their policies on HIV testing insofar as employment, deployment, promotions and transfers within the South African National Defence Force is concerned.    

 

KHOPOTSO: Represented by the AIDS Law Project and supported by the country’€™s main labour federation, COSATU, SASFU is challenging five separate policies of the SANDF. Top of the list is the HIV testing policy, which the union states has career- limiting consequences for army personnel and recruits found to be HIV-infected.

 

THEMBA HLATSHWAYO: An HIV-positive result, in itself, adversely affects a potential recruit’€™s opportunity for employment, and a member’€™s opportunities for deployment and promotion. The result is a blanket exclusion of HIV-positive people from employment, foreign deployments and promotions, regardless of their actual level of fitness, state of health and their job category or mustering.  

 

KHOPOTSO: The union argues that it is unreasonable to use HIV testing and exclusion to reduce HIV in the SANDF. Hlatshwayo says the testing policy further stigmatises people as well as undermines HIV prevention, treatment, care and support programmes within the army. He also argues that the policy flies in the face of the government’€™s commitment to protecting human rights in the response to HIV/AIDS.      

 

THEMBA HLATSHWAYO: This case seeks to demonstrate that the policies are unconstitutional in that they violate rights to fair labour practices, to privacy, to dignity, administrative justice, and they unfairly discriminate against people living with HIV.              

 

KHOPOTSO: Nonkosi Khumalo, a researcher with the AIDS Law Project, adds that the   SANDF’€™s policy on HIV testing is not in line with the country’€™s recently-approved Plan on responding to AIDS.  

 

NONKOSI KHUMALO: The National Strategic Plan of 2007 ‘€“ 2011, says that there needs to be a nation-wide recognition of human rights of people living with HIV. And all government departments are expected to follow suit in implementing policies that are in line with the human rights of people living with HIV. So, I think essential services departments as well, are not excluded in policies of HIV and AIDS that are not excluding people that are infected with HIV.      

 

KHOPOTSO: The SANDF has justified its HIV testing policy and its continued implementation over the years. SASFU’€™s Themba Hlatswayo takes us through these arguments.

 

THEMBA HLATSHWAYO: The military has a duty to protect the Republic; there is a need to keep HIV prevalence low in the military; people living with HIV are medically unsuitable and unable to withstand stress, physical exercise, adverse climatic conditions, etc; foreign deployment conditions are too harsh for people living with HIV; HIV-positive members pose a risk to others; the need to comply with the United Nations Regulations with regards to deployment of peacekeepers.      

 

KHOPOTSO: However, in papers filed in court on Monday, the union contests the justifications, saying they are not supported by scientific and medical evidence.

 

THEMBA HLATSHWAYO: There is no basis for the assumption that HIV infection in itself renders a person physically unfit or mentally unstable. On the contrary, the evidence shows that HIV-positive people who are asymptomatic are able to undertake difficult physical activity with no adverse effects on their health. In fact, regular exercise is beneficial to their health.

 

KHOPOTSO: Labour federation COSATU, has lent its support to SASFU’€™s court challenge. Patrick Craven is the federation’€™s spokesperson.

 

PATRICK CRAVEN: Rather than trying to exclude people what the government should be doing is making every effort to ensure that people living with HIV/AIDS – whether in the armed forces or anywhere else for that matter – are provided as quickly as possible every treatment that they need so that nobody need be unable to perform a job in the army or anywhere else because it’€™s now entirely proven that treatment is available, which enables people to live a normal, healthy and long life with HIV/AIDS. And there’€™s no reason at all why they shouldn’€™t apply it to the armed forces.

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  • healthe

    Health-e News is South Africa's dedicated health news service and home to OurHealth citizen journalism. Follow us on Twitter @HealtheNews

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