Lawyers Alert drags FG to court to enforce the implementation of HIV workplace policy

A non-governmental organisation, Lawyers Alert Nigeria, has
dragged the Federal Government to court over the non-implementation
of HIV workplace policy by employers of labour in the country.

The group explained through its Director of Programmes, Ms
Roseline Oghenebrume, that the action became very necessary so that
the office of the Attorney-General of the Federation would do the
needful.

Oghenebrume explained that the HIV and AIDS
(anti-discrimination) Act was enacted in 2014 to discourage
discrimination against persons living with HIV and AIDS
particularly at the workplace. She wondered why the Federal
Government has not implemented it since then.

She added that the law stipulates that agencies and employers
must put in place a workplace policy on HIV/AIDS in their
institutions so as to prevent discrimination.

According to her, “Section 21 (1) of the HIV/AIDS
(anti-discrimination) Act, 2014 stipulates that an employer that
employed five or more persons shall, in consultation with the
employees or their representatives, adopt a written workplace
policy that is consistent with the National HIV and AIDS workplace
policy for its working environment.

“Subsection 2 of the same section goes further to state that the
workplace polices shall be lodged with the Minister for Labour and
Productivity, currently known as Minister for Labour and
Employment.

“Section 24 (1) of the same Act goes on to repose the duty of
ensuring compliance and enforcement of the entire provisions of the
Act on the Attorney-General of the Federation.

“The HIV and AIDS (anti-discrimination) Act, 2014, therefore
specifically reposes the duty to ensure compliance with the entire
HIV and AIDS (anti-discrimination) Act, 2014, including section 21
(1) of the same Act on the Attorney-General of the Federation,”
Oghenebrume explained.

She explained further that by virtue of section 150 (1) of the
Constitution of the Federal Republic of Nigeria 1999 (as amended),
the Attorney-General of the Federation who is also the Minister for
Justice, is the Chief Law Officer in Nigeria, and therefore
responsible for and oversees all legal affairs of the nation.

Speaking further, Oghenebrume said: “Lawyers Alert under our
free legal assistance project for vulnerable groups is in court in
several cases, where persons living with HIV are discriminated
against and either denied employment even when qualified and able,
or out-rightly dismissed on account of their status and no more.
This is a gross violation of their human rights, and the right to
work.”

News Express recalls that Lawyers Alert recently won a case in
court in favour of a man that was sacked by his employer because he
is HIV positive.

The National Industrial Court held that dismissing employees on
the basis of their perceived or actual HIV-status is unlawful and
discriminatory.

Justice Agbakoba of the Abuja Industrial Court found that the
2014 HIV and AIDS Anti-Discrimination Act is clearly applicable
against private employers and prohibits discrimination against
existing and prospective employees.

Oghenebrume said that Lawyers Alert is witnessing increasing
acts of discrimination against Persons Living with HIV and AIDS in
workplaces in Nigeria, as evidenced by more uptake of similar cases
by Lawyers Alert.

She said that the current situation compelled Lawyers Alert to
approach the National Industrial Court of Nigeria, Abuja, with a
suit against the Attorney-General of the Federation for neglecting
and not overseeing his duty to ensure compliance with section 21
(1) of the HIV and AIDS (anti-discrimination) Act, 2014.

Lawyers Alert urged the court to compel Attorney-General to
carry on his stipulated duties as provided by the HIV and AIDS
(anti-discrimination) Act, 2014.