The Ghana AIDS Commission has cautioned that disqualifying applicants from employment solely because they are living with HIV could violate the Ghana AIDS Commission Act, 2016 (Act 938).
The Commission’s Director of Policy Planning, John Eliasu Mahama, said the law protects people living with HIV from discrimination in employment except under limited circumstances where a specific medical condition is essential for the job.
HIV status not grounds for employment refusal
Speaking on Joy FM’s Midday News on Wednesday, July 8, Mr Mahama cited Section 32 of Act 938, which prohibits employers from refusing employment based solely on an applicant’s HIV status.
“The HIV status of a person shall not constitute a reason to refuse employment to that person, except where an employer can show that the employment in question requires that the employee must be in a particular state of health or medical or clinical condition,” he said.
His comments follow public concern over reports that some applicants in a recent security services recruitment exercise were disqualified after testing positive for HIV.
Commission responds to recruitment concerns
The issue emerged after Interior Minister Muntaka Mohammed-Mubarak disclosed that about 1,300 applicants tested positive for HIV during mandatory medical screening for security recruitment.
The minister said the government chose not to send the results directly to affected applicants. Instead, candidates were provided with contact details to voluntarily access counselling and receive their results in line with international health guidelines.
Medical advances have changed HIV management
Mr. Mahama said advances in medicine have transformed HIV treatment and should influence recruitment policies, including those of the security services.
He explained that many restrictive policies were introduced decades ago when effective treatment was unavailable.
“Because of how science has advanced, we now have antiretroviral drugs. A lot of security agencies across several countries had provisions in place at the peak of the HIV response, when there were no antiretroviral drugs.”
He added that many countries have since revised their recruitment policies to reflect current scientific evidence.
“But today, because of progress in science and medication, we have even come to a stage where we are talking about U equals U.”
The “U=U” principle means that a person living with HIV who consistently takes antiretroviral medication and achieves an undetectable viral load cannot sexually transmit the virus.
Confirmatory testing remains essential
Mr. Mahama also stressed that an initial reactive HIV test does not amount to a confirmed diagnosis.
He said anyone with a reactive result should undergo confirmatory testing, receive counselling and be linked to appropriate healthcare before any conclusions are reached.
He commended the decision to release only aggregate figures from the recruitment exercise, saying it protects the privacy of applicants.
“It’s important that aggregate data was conveyed so the privacy of persons who were tested is respected, and a hotline was provided so that persons can follow up for the needed linkage to care and also get the further counselling that is needed.”
Commission reviewing the matter
Asked whether the Ghana AIDS Commission had engaged the Ministry of the Interior over the reported disqualifications, Mr. Mahama said the Commission only became aware of the issue through public reports.
He said it has begun internal processes to determine whether the recruitment exercise complied with the provisions of the Ghana AIDS Commission Act.
“The information is just coming out and since yesterday this is relating to recruitment practices and compliance with the provisions in the Ghana AIDS Commission Act. So this is a process that is still ongoing.”
Mr. Mahama added that the issue has already prompted discussions within the Commission’s leadership as it assesses the legal and policy implications of the reported recruitment practices.
