Could your HIV status prevent you from getting a job? Well according to the National Aids Commission one local business house has been asking prospective employees to submit their HIV tests result along with their other credentials. The business hasn't been named but the National Aids Commission was riled up enough to fire off a press release condemning any prospective employer who is requesting HIV test results. Executive Director of the National Aids Commission, Dolores Balderamos-Garcia, says the practice doesn't only violate the constitution but it is just plain wrong.
Dolores Balderamos Garcia, Executive Director - NAC
"We got word that there was a particular business entity, that has business in several locations in the country, requiring employees and prospective employees to take an Aids test and bring the results of the HIV test and show the result to the employer. So right away, we took it up, and we don't want to take the approach of naming and shaming anybody at this point; we want to use persuasion. But of course getting the message out loud and clear to all employers across the country that this is indeed the national policy of Belize and the workplace policy and encouraging compliance because of the basic tenets of the policies which are no screening, no exclusion for the purpose of employment, no forced breaches of confidentiality and also the approach of voluntary counseling and testing because if you wanted to get a job at some entity that you could make lots of money, nobody should require you to have to reveal the results of a HIV test. That is a form of mandatory testing and we have gone passed that now because of the passage of the national policy and the workplace policy."
Keith Swift,
But that national policy is not the law, it has been gone through the House or been a statutory instrument.
Dolores Balderamos Garcia,
"I acknowledge indeed, you begin with a policy and then because you know of the policy then you make amendments, repealing of laws, and bring new legislation in line with the policy that you have. Remember we have a constitution and the constitution of Belize says that you do not violate anybody's human rights. So I wouldn't say that the state of the law is so weak that there is no sanction now, its just that we do not, at this point, have a specific law that says you may not fire somebody or refuse to hire them based on the result of an HIV test."
Keith Swift,
What do you say to that person who needs a job and has been asked to take an HIV test.
Dolores Balderamos Garcia,
"The employer has no right to ask you and let us know. Come to our office. This is why the National Aids Commission is there."
Keith Swift,
So that prospective employee should not take the test.
Dolores Balderamos Garcia,
"Definitely not for the purpose of providing the result to the employer. By all means get tested but get tested so you can have the knowledge and take the necessary action."
Keith Swift,
What do you say to the person hiring a maid and they ask for an HIV result because they are concerned about who'll be cooking for them and taking care of their children.
Dolores Balderamos Garcia,
"Well Keith I don't want to take the conversation into the issues of sex but we have to educate ourselves as to how HIV is transmitted. For purposes of employment, nobody has the right to screen. And let me tell you, it is absolutely safe for my helper in my house, and for your helper in your house, to deal with children, to deal with all the work that has to be done, because we know the nature of how HIV is transmitted. What we need to do Keith, and maybe even from the question you're asking me, it shows that we have so much more to do to eliminate stigma and discrimination."
As we pointed out in the interview, the National Aids Policy isn't the law yet because it is on the desk of the Solicitor General. Until it is signed into law, the only recourse left to those who feel they have been discriminated against based on HIV status is to go to the Supreme Court. Balderamos-Garcia adds that about 2% of our population is HIV positive which means 2 out of every 100 Belizeans, and those are just the ones who've been tested.
