- Up to 89% of People Living with HIV/AIDS (PLHIV) in Malaysia are aged 20-49, a population which is at their most productive years as the working-class group. If discrimination against PLHIV continue in the workplace, this will not only affect the company, but also the country’s economy.
- In 2012, a study by the International Labour Organization (ILO) showed that Malaysia has by far the greatest incidence of bias at workplace towards HIV positive employees in the world; more than half of the respondents in a study said both their employer and colleagues discriminated against them(1).
- In 2015, one third of HIV-related discrimination complaints reported to the Malaysian AIDS Foundation occurred at the workplace, including instances of termination, forced resignation and demotion(2).
- The PLHIV Stigma Index(3) data clearly shows that HIV-related stigma and discrimination directly impede access to work by PLHIV by:– Obstructing entry to the labour market
– Changing the type of work individuals are allowed to perform
– Preventing promotion to more senior positions
– Triggering people being fired from their jobs
– Impeding access to adult education and training
– The consequences of HIV-related stigma and discrimination in the workplace remain economically and socially profound.
WHY HIV/AIDS REGULATION IN MALAYSIA?
GOVERNMENT COMMITMENT
- This is why Malaysian Business Consortium on HIV/AIDS (MBCH) is working on the Prevention and Management of HIV/AIDS at Workplace Regulation.
- The Ministry of Human Resources (MoHR) has promised to enact a new legislation by 2020 that will prevent HIV/AIDS patients from being stigmatized and discriminated at work, a vision raised by the MAF.
- The former Minister of Human Resources has made this commitment to the legislation when launching the 2nd MBCH Forum at Hilton Kuala Lumpur on October 13, 2017. (Click here and here for relevant news articles).
- This would oblige all corporate companies in Malaysia to comply with safe HIV/AIDS workplace policies from 2020 onwards.
- MAF has engaged the prestigious law firm Tommy Thomas Advocates & Solicitors to draft this Regulation. The drafting of this Regulation has commenced, and upon completion, it will be submitted to the MoHR and the Attorney-General’s Chambers.
- The Prime Minister YAB Tun Dr Mahathir Mohamad also stated in his speech read by the Minister of Health during the Tun Dr Siti Hasmah Award Gala 2018, that several Cabinet Ministers (Human Resources and Health) have stressed on the importance of having a Regulation to stop discrimination of HIV-positive employees.
- The Prime Minister also highlighted the initiative of the MBCH to have a Regulation in place to protect the rights and manage HIV positive employees at the workplace in Malaysia.
- This puts us on the right track in getting this Regulation legislated with the full support and backing from the Prime Minister and Cabinet Ministers.
REGULATION WORKPLAN
GREEN PAPER
A consultative document called the Green Paper is readily available online. The purpose of this Green Paper is:
- To lay out the objectives of the Regulation
- To describe the social and economic factors at play
- To invite discussion, debate and comments from relevant stakeholders.
This will ensure that the needs of all stakeholders are identified and addressed, while ensuring the transparency in the law-making process. A Public Consultation Form is also available online to gather feedback and comments on the Green Paper. These comments received will be analyzed and competing interests identified.
We hope that you can read through the Green Paper and provide us your comments in the Public Consultation Form so that we can gather all your comments and suggestions.
