Mandatory HIV testing for employment of migrant workers in eight countries of South-East Asia: From discrimination to social dialogue

This study, undertaken by the ILO and IOM, reviewed the legislations and policies of eight countries in South-East Asia with the purpose of promoting informed discussions between governments and workers’ and employers’ organizations on mandatory HIV testing for migrant workers. The desk review of Cambodia, Indonesia, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam pointed out that despite the existence of national laws and policies protecting workers against HIV-based discrimination and mandatory HIV testing in these countries, those that are mainly countries of origin permit and facilitate pre-departure health examinations of migrant workers, and these include an HIV test where required by the receiving country. From an ILO and IOM perspective, however, any HIV testing related to entry and stay should be done voluntarily, on the basis of informed consent. Adequate pre-test and post-test counselling should be carried out, and confidentiality strictly protected.