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Home / Tucna threatens legal action on Covid and HIV testing

Tucna threatens legal action on Covid and HIV testing

2022-07-25  Eveline de Klerk

Tucna threatens legal action on Covid and HIV testing

WALVIS BAY – The Trade Union Congress of Namibia (Tucna) has urged the defence ministry to remove Covid-19 vaccination and HIV testing requirements for employment consideration. 

The union threatened legal action and said they will report the mandatory testing to international human rights organisations and will bring an urgent application against government and the defence ministry for violating the International Labour Organisations (ILO) Convention 111.

This said convention deals with the protection of fundamental human rights and provides protection against discrimination in the field of employment and occupation, which Namibia promised to uphold through the labour ministry.

TUCNA secretary general Mahongora Kavihuha on Monday told New Era they will also report the government to ILO for these discriminatory recruitment requirements that he said are in direct violation of promises government and the labour ministry made when the convention was ratified.

The ministry earlier this month announced the recruitment of at least 1 400 Namibians as cadets between the ages of 18 and 25 (before 31 July 2022), who passed grade 12 with 25 points or more.

However, the applicants must be ready to undergo medical tests, which include an HIV/Aids test and should also provide a Covid vaccination card. 

However, the HIV/Aids and Covid-19 requirements were widely criticised by Namibians, who are of the opinion the ministry is infringing on human rights

“The defence ministry acts as if they are above the law. They are literally urinating on human rights, and our president and labour ministry are yet to pronounce themselves,” a furious Kavihuha, who was attending an ILO workshop in Walvis Bay, said this week.

He added Namibia appeared before the Committee of Application of Standards (CAS), a technical committee of ILO, where countries appear if they violate the said convention.  

He continued that Namibia, during that appearance, was identified to have violated Convention 111, dealing with discrimination of basic human rights that advocates against the discrimination of HIV/Aids.

“The Namibian government through the minister of labour then made a commitment that they will not violate that convention but indicated that they need the technical assistance not to violate the convention, which ILO agreed to. We have been working on a road map so that government can come up with areas where they need technical assistance with the said convention. Sadly, we were shocked that the Ministry of Defence went ahead and did exactly what brought them before the committee of experts,” the unionist said.

He also explained the Namibian constitution makes it clear that any ratified ILO convention forms an integral part of the county’s law.

Hence, he said, the two requirements are unconstitutional and clearly show the defence ministry is above law, allowing them to violate human rights.

“I don’t know who told these generals that someone with HIV/ Aids cannot shoot, cannot run or if you are unvaccinated you are useless. We need to arrest the situation as soon as possible as they think that the laws of the country don’t apply to them,” Kavihuha said.

He added the union will also lobby their international partners to seek solidarity on the matter. 

This, he said, can have disastrous consequences for the country, as Namibia can be labelled as an unfavourable country for foreign direct investment, human rights and press freedom, among others.

The defence ministry’s deputy executive director for strategic planning, Petrus Nathinge, when questioned about these requirements in parliament last week said it must be understood that the ministry of defence is not an employment creation institution, but it is the most effective insurance at the disposal of the country.

“It must, therefore, be managed by and employ selfless and brave sons and daughters, who are ready to pay the ultimate sacrifice for their motherland,” he explained. 

He added the applicants who wish to join the NDF are required to submit copies of both sides of their vaccination cards, attached to the government job application forms, before submitting them to their constituency councillor’s offices.

In this regard, Nathinge clarified that Covid-19 vaccination is one of the mitigating, if not preventive, measures against the spread of the pandemic. According to him, during military and fitness training activities, it is not advisable for one to wear a mask, as that may lead to oxygen deprivation, resulting in suffocation.

Further, he argued military training is physically demanding and involves contact amongst the trainees; thus, Covid-19 tests are mandatory requirements to military bilateral and multilateral engagements. 

On HIV testing, he maintained training is an arduous undertaking, which involves physically straining activities – and which, at times, cause injuries to individuals.

“Equally, he said the NDF, as an instrument of foreign policy, is expected to participate in bilateral and multilateral activities, where a negative HIV test is, in most cases, a requirement. “The HIV test is just a precautionary measure to prevent further transmission in training and elsewhere NDF soldiers will be expected to participate or operate under strenuous conditions,” Nathinge explained last week.

- edeklerk@nepc.com.na


2022-07-25  Eveline de Klerk

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