Botswana, addressing the rights of people with HIV and AIDS, recognises that there are both ethical and pragmatic public health reasons for reducing stigmatisation and discrimination. It upholds the principles that PLWHA should be enabled to lead productive lives of good quality. Botswana’s policy undertakes to develop legislation to protect these rights where necessary.

Malawi illustrates the tension that sometimes exists between the recognition of human rights and the desire to control HIV transmission through influencing behaviour. Human rights are central to Malawi’s response. The third of Malawi’s ten guiding principles is that PLWHA have the right to protection against stigmatisation and discrimination.

The Mozambique Action Plan calls for the Ministry of Justice to integrate legal aspects of HIV and AIDS into its ongoing legal reform. Specific areas mentioned include discrimination against PLWHA, and inheritance and property rights including those of orphans. Tanzania’s policy is clear and explicit on human rights. Persons with HIV infection with or without AIDS shall be guaranteed all basic rights such as the right protection of privacy, to employment, to education and housing.

Zimbabwe frames the problem slightly differently arguing that the rights and dignity of all people should be respected, irrespective of their HIV status. Policies in Botswana, Malawi, and Tanzania all state that PLWHA should be actively involved in HIV and AIDS policy formulation. This principle, which has become known as the Greater Involvement of People Living with HIV and AIDS (GIPA) Principle, has been strongly endorsed as an important part of developing effective, fair and practical HIV and AIDS policies.

Mozambique states that PLWHA should be a core part of the national response, being actively involved in the fight against HIV and AIDS. While Malawi mentions that NGOs, religious organisations, CBOs and youth organisations – and PLWHA – will form the core of implementing agencies.

SADC has prepared a code on HIV and AIDS and employment: A Human Rights Approach to AIDS Prevention at Work, which upholds core human rights principles in respect of employment: non-discrimination and confidentiality. Botswana’s national policy sets out the core principles surrounding HIV and AIDS and employment prohibiting any form of discrimination against workers infected with HIV. Tanzania’s policy is very clear on the subject of discrimination in the workplace. Pre-employment testing is unnecessary and shall not be required.

Zimbabwe’s guidelines on testing for HIV and AIDS are dealt with under the Statutory Instrument 202 of 1998 Labour Relations (HIV and AIDS) Regulations, Sections 4, 5 and 6. Employers do not have the right to test people for HIV and AIDS and by itself, HIV infection is not grounds for dismissal.