allAfrica.com - Botswana: Bonela Celebrates Passing of Public Service Act
16th January 2009
The Botswana Network on Ethics, Law and HIV/AIDS (BONELA) has applauded the enactment of the Public Service Act of 2008 by parliament.

BONELA's media and advocacy officer, Doris Kumbawa, says the organisation is particularly pleased with Section 7 (e) of the law which prescribes that: -

"In making decisions in respect of the appointment, or other matters affecting human resource management, every appointing authority and every supervising officer shall...not discriminate against any employee on the basis of sex, race, tribe, place of origin, national extraction, social origin, colour, creed, political opinion, marital status, health status, disability, pregnancy or any other ground..."

Kumbawa said that the practical effect of this provision is that no employee shall be given unfavourable treatment or prejudice because of his or her HIV status. Employees will not be denied promotion or opportunities for further education because they are HIV positive, she added. The provision, she also noted, entrenches the job security of employees living with HIV.

The law, according to Kumbawa, also protects job seekers from discrimination on the basis of their HIV status.

BONELA acting director, Uyapo Ndadi, says the Act also extends to the protection of non-citizens who are presently subjected to pre-employment HIV testing as a pre-condition for hire. HIV positive foreigners are denied employment in the public service.

"It cannot be denied that this practice is discriminatory and BONELA is happy that the government has acknowledged it. This provision of the Act is a move in the right direction and will certainly improve Botswana's human rights standing," he said.

Ndadi said it was good that the Act also addresses employees who disclose confidential information of other employees, "including HIV status, as the culprits or perpetrators will be liable to a fine not exceeding P500 or imprisonment for a term not exceeding six months or both through Section 63 (1)," he said.

Ndadi says that despite its advantages, it has limitations as it only applies to public service servants and excludes employees in the private sector, "who are, in the majority of cases, victims of wanton abuse, prejudice and discrimination in the workplace because of their actual or presumed HIV positive status. This gap therefore needs to be plugged by amending our Employment Act to be consistent with the new Public Service Act. In this regard, BONELA shall therefore continue steadfastly with its HIV Employment Law Campaign," he promised.

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