Kenyan labour laws inadequately protect HIV positive worker. The Constitution of Kenya, 1963, does not prohibit stereotypical attitudes adverse to HIV positive workers and discrimination on the basis of health status. It does not provide for the right to employment, health and health care services, and fails to delimit privacy and dignity rights. Under the Industrial Property Act, 2001, the basis for Government exploitation of patent through compulsory licensing is whimsical and parallel importing is not envisaged. Employers unilaterally draft employment contracts notwithstanding their unequal power relations to employees. The HIV and AIDS Tribunal institutionalises discrimination against HIV positive workers on the basis of the ambiguous ‘inherent job requirements.’ Plausible international labour laws and practices have no place in Kenya unless they are domesticated. SUMMARY This thesis interrogates the Kenyan labour laws and policies to identify their inefficiencies and suggest recommendations for reform. It commences with an analysis of the topical issues associated with the HIV positive worker. It then examines the extent of prevalence and ramifications of HIV/AIDS in Kenya. Subsequently, it studies the efforts made at the international and domestic arena in protecting the HIV positive worker. A comparative analysis is made of the laws protecting the HIV positive worker in a number of countries, namely, South Africa, United States of America and Australia. The thesis draws conclusions and recommends measures on how best to protect the Kenyan HIV positive worker. The labour laws should be amended to prohibit discrimination on the basis of health status, provide for right to affordable medication and work, allow negotiation of employment contracts, list international laws that Kenya ratifies without reservation as a source of law and delimit the concept of ‘inherent requirements of a job.’ The public should be sensitised to embrace HIV positive workers. Once the new Constitution is enacted, it should list socio-economic rights as fundamental rights and reform the office of the ombudsman to deal with complaints against private employers. / (LL.D.)

Thesis (MPhil (Industrial Psychology))--University of Stellenbosch, 2006. / This research paper investigates the need for emotional and psychosocial support for people infected and affected by HIV and AIDS in the workplace. Most employees infected and affected by HIV and AIDS, as well as their families, often need assistance to cope with stigma, rejection, and discrimination, as well as having to adjust to the diagnosis, to confront the fear of losing independence, and to prepare themselves for the changes that might happen to their lives. Hence, through counseling and support, they can have more knowledge about HIV and AIDS and reduced fears and misconceptions about living with HIV and AIDS. Some research organizations, such as the Perinatal HIV Research Unit, do provide emotional and psychosocial support, and advice for people infected and affected by HIV and AIDS. An attitude survey was conducted with about 400 employees at the Unilever Company in Boksburg, Johannesburg, in September and October 2005 to determine whether emotional and psychosocial support could play a role in motivating people infected and affected by HIV and AIDS to live positively with the virus, in eliminating related stigma and fears. Employees from this organization were chosen as the population for this survey as a prevalence study and VCT was carried out with them in August and September 2005, so they knew and trusted the councilors who were giving results to them and they had established a relationship with them. I booked appointments for follow-up counseling sessions of 45 minutes after VCT (Voluntary Counseling and Testing) and then told them about the support group at their workplace. The findings indicate that there is indeed a need for emotional and psychosocial support for people infected and affected by HIV and AIDS in the workplace. Among other findings, respondents, especially those infected, reported that they had learned that being HIV positive is not the end of the world but the beginning as long as you look after yourself you can live a normal and productive life for many years, as long as you take extra care of yourself. Most of the affected respondents reported that they had never done an HIV test before due to their own fear of the prognosis. Having acquired more facts about HIV and AIDS, those that had not been tested stated that they now planned to do so. Both groups – those who tested negative and those who tested positive – reported that they also learned about the importance of disclosing your one’s status as a means of getting support.

People living with HIV/AIDS have the right to be employed as long as they are physically fit to do the work. The unfortunate situation now is that in many South African workplaces employees who disclose their HIV/AIDS status or who are suspected of living with the disease face backlashes from fellow employees and sometimes even from employers. No one should be discriminated against or be prevented from being employed or dismissed from employment purely on the basis of having HIV or AIDS. Any form of discrimination against employees living with HIV/AIDS constitutes a violation of their constitutional rights to among others human dignity, equality and fair labour practices. Discrimination may take the form of pre-employment HIV testing or a dismissal due to HIV positive status. This research looks at the protection given to employees living with HIV/AIDS in the South African workplaces and whether the protection is adequate or not. / Mercantile Law / LL. M.

Kenyan labour laws inadequately protect HIV positive worker. The Constitution of Kenya, 1963, does not prohibit stereotypical attitudes adverse to HIV positive workers and discrimination on the basis of health status. It does not provide for the right to employment, health and health care services, and fails to delimit privacy and dignity rights. Under the Industrial Property Act, 2001, the basis for Government exploitation of patent through compulsory licensing is whimsical and parallel importing is not envisaged. Employers unilaterally draft employment contracts notwithstanding their unequal power relations to employees. The HIV and AIDS Tribunal institutionalises discrimination against HIV positive workers on the basis of the ambiguous ‘inherent job requirements.’ Plausible international labour laws and practices have no place in Kenya unless they are domesticated. SUMMARY This thesis interrogates the Kenyan labour laws and policies to identify their inefficiencies and suggest recommendations for reform. It commences with an analysis of the topical issues associated with the HIV positive worker. It then examines the extent of prevalence and ramifications of HIV/AIDS in Kenya. Subsequently, it studies the efforts made at the international and domestic arena in protecting the HIV positive worker. A comparative analysis is made of the laws protecting the HIV positive worker in a number of countries, namely, South Africa, United States of America and Australia. The thesis draws conclusions and recommends measures on how best to protect the Kenyan HIV positive worker. The labour laws should be amended to prohibit discrimination on the basis of health status, provide for right to affordable medication and work, allow negotiation of employment contracts, list international laws that Kenya ratifies without reservation as a source of law and delimit the concept of ‘inherent requirements of a job.’ The public should be sensitised to embrace HIV positive workers. Once the new Constitution is enacted, it should list socio-economic rights as fundamental rights and reform the office of the ombudsman to deal with complaints against private employers. / (LL.D.)

This study is a need assessment for the establishment of an HIV and AIDS support group within the South African Police Services (SAPS), Head Office Divisions and the purpose was to explore the extent to which an HIV and AIDS support group was needed for HIV and AIDS-infected and affected personnel within the South African Police Services (SAPS). The SAPS employees as well as HIV and AIDS programme managers participated in the study. A combination of quantitative and qualitative data was used in the study. The former was obtained from a survey of 90 SAPS personnel based at the SAPS Head Office Divisions in Pretoria. The latter, on the other hand, was obtained from in-depth interviews with five SAPS HIV and AIDS programme managers, also based at Head Office Divisions in Pretoria.The overall results showed that an internal workplace HIV and AIDS support group for infected and affected employees was seen as necessary to deal with the psycho-social and emotional needs of the personnel. The study participants were generally of the view that such a support group would go a long way in addressing some of the challenges and obstacles – such as stigma, discrimination, judgement and so forth – faced by HIV and AIDS-infected and faced employees within the SAPS. In general, it was envisaged that a workplace support group would create a warm and caring environment that would enable employees to feel safe and supported by their colleagues – including commanders and managers – in dealing with their HIV and AIDS situations. / Health Studies / M.A. (Social Behaviour Studies in HIV and AIDS)

Text in English / This study sought to evaluate the implementation of an HIV and AIDS workplace policy at Sappi-Ngodwana mill. Employing process evaluation, and adopting a qualitative approach, the study evaluated the intervention process, the perceptions of the policy implementers, the strengths and weaknesses of the policy implementation, and suggests possible strategies for addressing the challenges. A systems approach was the theoretical point of departure and guiding framework of the research study. Research data was gathered through in-depth interviews with key informants and theory-driven and data-driven inductive reasoning was adopted in analysing the data. The general findings were that although the Sappi-Ngodwana mill implements a comprehensive HIV and AIDS programme that are in line with national and international benchmarks, there were challenges identified. Recommendations are that the company redesign the HIV and AIDS policy implementation plan with a specific focus on improving the peer educators` system. / Sociology / M.A. (Social Behaviour Studies in HIV/AIDS)

This study is a need assessment for the establishment of an HIV and AIDS support group within the South African Police Services (SAPS), Head Office Divisions and the purpose was to explore the extent to which an HIV and AIDS support group was needed for HIV and AIDS-infected and affected personnel within the South African Police Services (SAPS). The SAPS employees as well as HIV and AIDS programme managers participated in the study. A combination of quantitative and qualitative data was used in the study. The former was obtained from a survey of 90 SAPS personnel based at the SAPS Head Office Divisions in Pretoria. The latter, on the other hand, was obtained from in-depth interviews with five SAPS HIV and AIDS programme managers, also based at Head Office Divisions in Pretoria.The overall results showed that an internal workplace HIV and AIDS support group for infected and affected employees was seen as necessary to deal with the psycho-social and emotional needs of the personnel. The study participants were generally of the view that such a support group would go a long way in addressing some of the challenges and obstacles – such as stigma, discrimination, judgement and so forth – faced by HIV and AIDS-infected and faced employees within the SAPS. In general, it was envisaged that a workplace support group would create a warm and caring environment that would enable employees to feel safe and supported by their colleagues – including commanders and managers – in dealing with their HIV and AIDS situations. / Health Studies / M.A. (Social Behaviour Studies in HIV and AIDS)

Text in English / This study sought to evaluate the implementation of an HIV and AIDS workplace policy at Sappi-Ngodwana mill. Employing process evaluation, and adopting a qualitative approach, the study evaluated the intervention process, the perceptions of the policy implementers, the strengths and weaknesses of the policy implementation, and suggests possible strategies for addressing the challenges. A systems approach was the theoretical point of departure and guiding framework of the research study. Research data was gathered through in-depth interviews with key informants and theory-driven and data-driven inductive reasoning was adopted in analysing the data. The general findings were that although the Sappi-Ngodwana mill implements a comprehensive HIV and AIDS programme that are in line with national and international benchmarks, there were challenges identified. Recommendations are that the company redesign the HIV and AIDS policy implementation plan with a specific focus on improving the peer educators` system. / Sociology / M.A. (Social Behaviour Studies in HIV/AIDS)

The study aim to investigate perceptions of military personnel with regard to HIV/AIDS in the SANDF in some military Units of Bloemfontein. The military personnel includes all males and females whose ages range between 19 - 47 years, were included in the sample. The approach utilised were both qualitative and quantitative. The data collection technique were: Closed and open-ended questionnaires were distributed to 548 respondents. ~ Participant observation. ~ Review of documents. • Unstructured observations. .. Unstructured interviews. This different data collection techniques to gather valid and reliable information with regard to HN/AJDS in the SANDF were triangulated. The findings revealed poor perception with regard to HIV/AIDS in the workplace, health education, lack of privacy, and discrimination on the benefit of HIV/AIDS. The recommendations of this project deals with aspects which include HIV/AIDS education, inclusion of HIV/AIDS in all military courses, distribution of policy on HIVIAIDS to all military personnel, and involvement in HIV/AIDS awareness. / Health Studies / M. Cur. (Health Studies)

With an estimated 500 infections everyday, the country is beset with a galloping HIV and AIDS epidemic. With these accelerating numbers, it is no longer possible to ignore people living with HIV and AIDS, as they will inevitably form a more and more significant volume of the workforce. A key aspect of this phenomenon, that needs dedicated attention, is the issue of their stigmatisation in the workplace. The intent is to present the voice of the stigmatised. The dissertation attempts to understand how a stigmatised identity affects a productive member of society. It tries to capture the perspective of sero-positive persons as productive members of society and not as `victims' or `threats'. The ultimate objective is to influence policy in the workplace in order to provide a nurturing and productive work environment. The key thought emerging from the research is: driven by the inescapable structural stigma of the workplace, the virus fundamentally influences the self-definition of the sero-positive person. / Sociology / M.A.