17:30 19.08.2008 | All news from "AIDS/HIV"

Botswana: BRCS Boss Join Calls for Workplace Aids Law

Botswana Red Cross Society (BRCS) president Dr Nomsa Mbere has joined calls for a law to protect employees living with HIV/AIDS.

Mbere spoke while launching a book by Justice Key Dingake of the Lobatse High Court. The book titled 'Legal aspects of HIV/AIDS at the workplace in Botswana and South Africa' is published by Pula Press. Mbere said Dingake's book could be of use to employers, customers and lawmakers in the fight against HIV/AIDS. She said that that the country's constitution is too old and needed to be changed to protect employees.

She said Botswana has ratified a number of International Labour Organisation (ILO) Conventions on the elimination of all forms of discrimination and hence a law to protect employees with HIV/AIDS is long overdue.

"Such legislation should not be difficult to enact," said Mbere

She congratulated Dingake for the book, stating that Botswana is lucky to have people like him who care about other's dignity. She said that dignity is one of the four Ds outlined by President Ian Khama as part of his roadmap when he took power.

She called on employers to make use of the book and make sure that employees with HIV are not fired but are accommodated and given other responsibilities.

The book address legal aspects of HIV/AIDS in Botswana and South Africa. Mbere said the book underscores the principle that there should be no discrimination against employees on the basis of HIV status.

Dingake said that the book is a result of numerous contributions from friends and colleagues. He revealed that following his appointment as a judge of the Industrial Court he developed a lot of interest in labour law.

He said that he learnt more about labour issues from listening to the many labour disputes brought before him while he was still at the Industrial Court.

Dingake singled out lawyer Mbakiso Chilisa who he said inspired him to write a text on labour and HIV/AIDS after he (Chilisa) argued before him in a case which a former employee of Botswana Building Society (BBS) bank was fired for refusing to undergo an HIV test. Dingake said that his ruling on this 2003 case was a result of well set out submissions from Chilisa.

Dingake told the gathering that initially, he had wanted to write about legal aspects of HIV/AIDS at the workplace in southern Africa but changed to focus on comparing legal aspects of HIV/AIDS at the workplace in Botswana and South Africa. He said that he hoped that by comparing Botswana and South Africa, legal practitioners, other professionals and civil society will be enlightened.

It is hoped the book will provide a guide for legal and policy reforms in the workplace and in Botswana.



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