Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1)(b) and 2 of the Convention. Equality of opportunity and treatment of workers living with HIV/AIDS. The Committee welcomes the adoption of Act No. 2005-040 of 20 February 2006 concerning the fight against HIV/AIDS and the protection of the rights of persons living with HIV/AIDS. It notes with interest that Chapter IV of the Act protects the rights of persons living with HIV/AIDS in the workplace. Chapter IV prohibits all forms of discrimination or stigmatization at the workplace based on proven or presumed serological status (section 44). Section 46 provides that the serological status of a worker, her or his partner or close family members shall not constitute a direct or indirect cause for non-recruitment or termination of employment. In addition, section 50 states that all workers with HIV/AIDS must be able to continue to work and to enjoy normal possibilities for advancement. The Act also prohibits mandatory HIV testing in the context of work and establishes confidentially requirements in case the employer has knowledge of the serological status of an employee or his or her family members (sections 47 and 49). The Committee also notes that a national strategy will be formulated and implemented to guide action for the fight against HIV/AIDS (section 3). The Committee requests the Government to provide information in its future reports on the implementation and enforcement of the provisions of Act No. 2005-040 relating to equality of opportunity and treatment in employment and occupation of men and women living with HIV/AIDS, including information concerning the national strategy referred to in section 3 of the Act, and relevant court decisions.

The Committee is raising other points in a request addressed directly to the Government.