ILO participates in Trinidad and Tobago consultation on legislation governing HIV and AIDs in the workplace
Discussions considered legal amendments to improve the protection of workers.
15 September 2023
© Ministry of Labour, Trinidad and Tobago
Reviewing Trinidad and Tobago’s legislation on HIV and AIDS in the workplace was the main focus of a national stakeholder consultation hosted by the Ministry of Labour with insights based on international labour standards from the International Labour Organization (ILO).
Held on 13 September 2023 in Port of Spain, the session was part of an ongoing process to consider changes to the legislation that will better protect workers living with and affected by HIV and AIDS from discrimination.
Stakeholders deliberated on a wide range of topics including mandatory HIV testing as a condition for employment; health insurance benefits; reasonable accommodation for persons with HIV and AIDS-related illness; privacy and confidentiality of information; mechanisms for redress for workers; and penalties for breaches of the legislation.
The proceedings included a morning panel discussion featuring Ms. Vera Guseva, ILO Caribbean Specialist for Workers’ Activities, who highlighted ILO guidelines related to the issues being analyzed.
“Amending existing legislation to better protect workers living with HIV and AIDS from discrimination in the workplace is not just a regulatory issue; it is a human rights priority. It is important to bridge the gaps in current policies and practices by legally enforcing equal treatment and protection of the rights of affected persons, while promoting occupational safety and health,” said Ms Guseva as she delivered her remarks.
During the afternoon session of the consultation, Syed Mohammad Afsar, Senior Technical Specialist from the Gender, Equality, Diversity and Inclusion Branch (GEDI) at ILO headquarters in Geneva, delivered a presentation on ILO Recommendation 200 - Concerning HIV and AIDS in the World of Work, 2010 (R200).
“ILO Recommendation 200 calls for national policies and programme on HIV and AIDS in the world of work; prevention by creating awareness and encouraging workers to take voluntary HIV counselling and testing; treatment and care such as antiretroviral medications, social protection and income generation support; and testing, privacy and confidentiality,” explained Mr. Afsar.
The event also acknowledged a Legal Gap Analysis commissioned by the Ministry of Labour of Trinidad and Tobago with support from the ILO Caribbean Office in 2013 which examined gaps between ILO Recommendation 200 and relevant national legislation including employment law. The analysis provided guidance for effective compliance with the ILO Recommendation.
“Currently there is a National Workplace Policy on HIV and AIDS which was approved by the Cabinet of the Republic of Trinidad and Tobago in 2017 as a framework for an effective and action-oriented workplace response to HIV and AIDS. This Policy provides the basis for action that sets out the national standards to be adhered to by all employers, employees and trade unions in Trinidad and Tobago to ensure that persons living with or affected by HIV are not subjected to stigma or discrimination in the workplace,” said Ms. Natalie Willis, Permanent Secretary, Ministry of Labour, Trinidad and Tobago.
“That notwithstanding many persons who are HIV positive (pIHIV) have been debarred from employment and employee benefits such as opportunities for training and promotion on the basis of their HIV status. It is therefore envisioned that legislation to support the National Workplace Policy on HIV and AIDS would address these acts of discrimination and ensure employees’ right to work and productivity in the workplace,” Ms. Willis continued.
Following the consultation, the ILO Caribbean Office will continue to provide technical guidance requested by the Ministry and social partners on the matter of changes to existing legislation governing HIV and AIDS in the workplace.
Held on 13 September 2023 in Port of Spain, the session was part of an ongoing process to consider changes to the legislation that will better protect workers living with and affected by HIV and AIDS from discrimination.
Stakeholders deliberated on a wide range of topics including mandatory HIV testing as a condition for employment; health insurance benefits; reasonable accommodation for persons with HIV and AIDS-related illness; privacy and confidentiality of information; mechanisms for redress for workers; and penalties for breaches of the legislation.
The proceedings included a morning panel discussion featuring Ms. Vera Guseva, ILO Caribbean Specialist for Workers’ Activities, who highlighted ILO guidelines related to the issues being analyzed.
“Amending existing legislation to better protect workers living with HIV and AIDS from discrimination in the workplace is not just a regulatory issue; it is a human rights priority. It is important to bridge the gaps in current policies and practices by legally enforcing equal treatment and protection of the rights of affected persons, while promoting occupational safety and health,” said Ms Guseva as she delivered her remarks.
During the afternoon session of the consultation, Syed Mohammad Afsar, Senior Technical Specialist from the Gender, Equality, Diversity and Inclusion Branch (GEDI) at ILO headquarters in Geneva, delivered a presentation on ILO Recommendation 200 - Concerning HIV and AIDS in the World of Work, 2010 (R200).
“ILO Recommendation 200 calls for national policies and programme on HIV and AIDS in the world of work; prevention by creating awareness and encouraging workers to take voluntary HIV counselling and testing; treatment and care such as antiretroviral medications, social protection and income generation support; and testing, privacy and confidentiality,” explained Mr. Afsar.
The event also acknowledged a Legal Gap Analysis commissioned by the Ministry of Labour of Trinidad and Tobago with support from the ILO Caribbean Office in 2013 which examined gaps between ILO Recommendation 200 and relevant national legislation including employment law. The analysis provided guidance for effective compliance with the ILO Recommendation.
“Currently there is a National Workplace Policy on HIV and AIDS which was approved by the Cabinet of the Republic of Trinidad and Tobago in 2017 as a framework for an effective and action-oriented workplace response to HIV and AIDS. This Policy provides the basis for action that sets out the national standards to be adhered to by all employers, employees and trade unions in Trinidad and Tobago to ensure that persons living with or affected by HIV are not subjected to stigma or discrimination in the workplace,” said Ms. Natalie Willis, Permanent Secretary, Ministry of Labour, Trinidad and Tobago.
“That notwithstanding many persons who are HIV positive (pIHIV) have been debarred from employment and employee benefits such as opportunities for training and promotion on the basis of their HIV status. It is therefore envisioned that legislation to support the National Workplace Policy on HIV and AIDS would address these acts of discrimination and ensure employees’ right to work and productivity in the workplace,” Ms. Willis continued.
Following the consultation, the ILO Caribbean Office will continue to provide technical guidance requested by the Ministry and social partners on the matter of changes to existing legislation governing HIV and AIDS in the workplace.