Legal Assistance Centre-Namibia

Struggle against HIV discrimination continues

By Belinda Hamburee*

Click here to download the power point presentation on Discrimination in the Armed Forces as presented on July 9 in conjunction with the LAC's 20th Anniversary

16/07/2008: While some people think that the mandatory testing on uniformed workers should be a requisite in preventing the spread of HIV in war, others argue that mandatory testing is a violation of human rights where people are denied employment, deployment or promotions on the basis of their HIV status.

As per the drafted policy of the Namibian Defence Force, a person must undergo a pre-mandatory HIV test before recruitment and deployment. The policy is therefore allied with discrimination and is often related to the violation of uniformed worker’s right to privacy, confidentiality and consent.

A recent court decision in South Africa could have connotations in Namibia and other countries that maintain a policy on mandatory HIV testing for the uniformed workers. The Legal Assistance Centre (LAC), found it imperative to bring an attorney from South Africa who led the fight to end mandatory testing of armed personnel in South Africa and helped people living with HIV and AIDS in South Africa achieve further equality and dignity.

“Who would want to go for an HIV test, knowing that it will deprive them off the opportunity to employment?” asked S’Khumbuzo Maphumulo. “If one refuses to go for testing, it is automatically concluded that you have a red color, which means you are HIV positive.”

This is not the first time that the LAC is tackling the issue of mandatory testing of uniform workers. In 2001, a court case challenged the constitutionality of the National Defence Forces’ mandatory testing on HIV. However, the government went ahead and implemented the policy ignoring the calls to end disqualifying military candidates based solely on their HIV status.

“Sickness is sickness and HIV is a sickness like any other sickness so why discriminate against HIV only and why not discriminate against cancer?” Maphumulo asked.

The South African human rights activist added that if you are HIV positive and you don’t show the symptoms of HIV, than you are scientifically fit to undergo your prescribed work.

At the public lecturer on mandatory HIV testing that took place at the Franco-Namibian Cultural Center (FNCC) on the 9 of July 2008, questions came from the defence force workers on why a sick person should be hired if he/she can not undergo tough trainings where else there is some one who is capable.

But the Chief of National Defense Force, Martin Charlie did not agree with S’Khumbuzo, saying that, “You can not hire someone who is not capable of undergoing tough trainings.” In support of his argument General Charlie gave a case study of when they were deployed in DRC for four years, he said that all the soldiers who where HIV positive had to be brought back home two weeks after deployment because they could not withstand the harsh conditions.

“We are doing tough exercises, we are trained for survival and if someone is not fit to do the training how can he be employed?” said a woman wearing a National Defence Force uniform.

Another man wearing the same uniform concurred.

“Why have a sick defence force while you have a defence force to fight?”

Based on the arguments from different defense forces, HIV positive members pose a risk to others, and it poses security risk.

According to Maphumulo, HIV is predictable and manageable, it will only pose a security risk if you let your soldiers get sick, were else you can treat them with anti-retro viral drugs. Scientific and medical evidence on prevention and treatment of HIV proves that asymptomatic HIV positive people are physically fit, he said.

Additionally, all positions within the military do not require active combat. As an example, Maphumulo pointed out that HIV status has nothing to do with the requirements of an armed forces trumpet player.

“This policy is unconstitutional it infringe the right to dignity, fair labor practices, privacy and equality, therefore I ask the citizens of Namibia, especially the Defence Force workers that are living with HIV, to stand up and fight for their rights,” Maphumulo concluded.

Click here to download S'khumbuzo Maphumolo's power point presentation on Discrimination in the Armed Forces.

* Belinda Hamburee is a communications volunteer with the LAC. To learn how you can volunteer with the LAC click here.