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Worker dismissed in Hoima over HIV status raises workplace human rights concerns

10 October 2024, 4:37 pm

By Byamukama Alozious

The alarming trend of workplace discrimination against people living with HIV (PLHIV) continues to surface, with a recent case from Hoima sparking outrage among civil society organizations and human rights advocates.

A woman, working as a laundry attendant at a foreign company constructing a stadium in Hoima was dismissed, after her HIV-positive status was revealed through mandatory testing.

At a press conference in Kampala on Tuesday, Grace Naiga, the Executive Director of UGANET, described the incident as a violation of human rights. “The woman was tested without her consent, and her results were disclosed to the employer before she was informed. She was then humiliated in front of her colleagues and immediately dismissed,” Naiga explained. “This mirrors a similar case we handled in Kiryandongo where employees were tested without their knowledge. We are alarmed by the increasing number of such incidents, which show that HIV-related stigma remains rampant in workplaces.”

Grace Naiga, Executive Director of UGANET, and Atim Salome during the press conference

Naiga emphasized that the dismissal directly contravenes the HIV and AIDS Prevention and Control Act, which prohibits HIV testing without consent and protects individuals from discrimination based on their HIV status. “In 2024, it is unacceptable that people living with HIV are still being fired for their status,” she added. “We are calling on the Equal Opportunities Commission (EOC) and the Ministry of Gender, Labour, and Social Development to ensure justice is served and that such practices are eradicated.”

Atim Salome, Chairperson of the National Forum for People Living with HIV, echoed these concerns, calling for stricter enforcement of existing laws. “We’ve seen a troubling rise in cases where companies impose mandatory HIV tests, dismissing workers based on their results,” she said. “This violates the right to privacy, consent, and the right to employment, which are protected under Uganda’s Constitution.”

Salome pointed to other recent cases, including instances where hospital staff have faced public humiliation for their HIV status. “A nurse was repeatedly mocked by her colleague, who openly reminded her of her status during meetings. This kind of stigma creates toxic workplaces and forces many individuals into silence, fearing further discrimination,” she said.

UGANET has previously reported similar instances of mandatory HIV testing in other sectors, including the construction industry. Naiga highlighted an earlier case involving Chinese construction companies where workers on the Express Highway project were tested for HIV without their consent, resulting in the termination of several employees. “These cases demonstrate that discrimination in the workplace is not only widespread but also systematic. It is time for companies to be held accountable,” Naiga urged.

Muhumuza Michael from Health for Youth with Parents Involved, an organization based in Nansana, also condemned the illegal practices, calling them a breach of Uganda’s Employment Act. “These companies are undermining the law. The Employment Act clearly prohibits discrimination in hiring, promotion, and termination based on health status,” Muhumuza remarked. “We are calling on the government to investigate these cases thoroughly and ensure that the rights of all workers, regardless of their HIV status, are protected.”

Muhumuza Michael (center), Kyakuzinzire Laura Angel (left), and Moses Nsubuga a.k.a. Supercharger (in a hat).

Beyond the stigma, workers’ rights advocates like Kyakuzinzire Laura Angel have highlighted another major challenge: the lack of employment contracts in many cases. “Companies often deny any formal relationship with the dismissed workers, making it difficult for them to seek legal recourse. This practice leaves many HIV-positive workers vulnerable, with no avenue for justice,” she explained.

UGANET and its partners are now urging the Equal Opportunities Commission to take immediate action in addressing these violations. “The EOC must hold companies accountable for testing employees without their consent and dismissing them based on their HIV status,” Naiga stressed. “The Ministry of Gender, Labour, and Social Development needs to enforce the law and ensure that workplaces are free from discrimination.”

Salome also called on the media to play a vital role in amplifying these cases, which often go unreported due to fear of retaliation. “Stigma in workplaces is a hidden battle that we must expose. We need the media to be our allies in this fight,” she said.

As Uganda continues its efforts to fight HIV/AIDS, workplace stigma remains a serious barrier to progress. UGANET, civil society organizations, and advocates are committed to ensuring that the affected individuals receive justice, and they are pushing for stronger enforcement of laws to protect PLHIV. The battle against stigma, however, will require more than legal measures—it will demand a collective effort from government, employers, and society at large to create workplaces where all individuals are treated with dignity and respect.