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From: PlusNews <[email protected]>
Date: Tue, Oct 25, 2011 at 4:33 PM
Subject: SWAZILAND: New aviation rules ground HIV-positive pilots
To: Elisabeth Janaina <[email protected]>


SWAZILAND: New aviation rules ground HIV-positive pilots

MBABANE, 25 October 2011 (PLUSNEWS) - Swazi HIV activists are up in
arms over pending aviation guidelines that will stop people living
with HIV from ever piloting an aircraft.

 "This is pure discrimination, and if the rule is enforced it will be
challenged on constitutional grounds prohibiting such bigotry," said
Helen Dlamini, a human rights activist in the central commercial town
of Manzini, site of Swaziland's only airport.

 New Civil Aviation Authority Regulations for 2011 prohibit the
granting of pilots' licences to individuals who are HIV-positive or
have tuberculosis. Routine medical examinations are required while
applying for licences and the examining doctor is compelled to conduct
an HIV test. The test results would be given to the Civil Aviation
Authority, which has no confidentiality policy, despite a Health
Ministry policy of confidentiality for HIV-positive people.

 "Not only would I not get a pilot's licence, the reason could be made
public if anyone wanted to look at the records," said a Swazi man in
his 30s who wished to stay anonymous. Because he is HIV-positive, he
is worried he may have his licence revoked when he is required to
reapply for one in future.

 AIDS activists say the discrimination is unfair because HIV is a
manageable condition if the patient is on antiretroviral treatment,
widely available in Swaziland.

 It is illegal to terminate a worker's employment based on his or her
HIV status, and while such firings still do occur, they can be
challenged in the Industrial Court.

 "In the early stages of HIV a patient may be incapacitated by
illnesses that can be as debilitating as a bad flu, but this passes
and the condition is controllable with ARVs," said Dlamini. "The
aviation rules suggest that an HIV-positive person is incapable of
operating an aircraft.

 "I am reminded that a large number of bus and taxi drivers and truck
drivers who operate the big rig vehicles are HIV-positive, and their
ability to do their jobs has never been questioned," she added. "If
being HIV-positive means you cannot operate a large and complex
vehicle because the public would be in danger, why has this issue
never been raised on the roads? There are only a handful of private
planes in Swaziland and with one commuter airline bringing a few
passengers a day from Johannesburg, there's no comparison."

 The new aviation guidelines issued by the Ministry of Public Works
and Transport state: "An applicant for a medical certificate with
Acquired Immunodeficiency Syndrome (AIDS) shall be assessed as unfit.
An applicant for a medical certificate who is positive for human
immunodeficiency virus (HIV) shall be assessed as unfit."

 However, a transport ministry source told Plus News that there was
some "wiggle room" for HIV-positive applicants.

 "Our concern is with AIDS; there is an option for the applicant who
is HIV-positive but claims he doesn't have AIDS to submit to a medical
investigation to prove he does not have AIDS," said the source, who
preferred anonymity. "Remember, licences are also denied to people
with speech impediments, diabetes and other conditions. Whatever
physically impairs a pilot from 100 percent efficiency is a factor."

 He did not say, however, who would investigate applicants to
determine whether they had AIDS.

 The issue is important in Swaziland, where about 40 percent of
sexually active adults are HIV-positive. With national unemployment
also standing at 40 percent, there has not been a shortage of
unskilled workers. However, the replacement of trained skilled workers
has proved a challenge for the country's businesses and industries,
according to the Swaziland Chamber of Commerce.

 Stanley Kunene, an HIV-positive career guidance counsellor in
Manzini, said he had never acted on his own urge to learn to fly an
aircraft, but fears for those whose dream is blocked by the new
aviation regulations.

 "The story of AIDS has always been about the future - how to keep
people safe from AIDS, how to keep HIV-positive people alive for a
long time. Restricting people's career choices is denying them a
future," he said.

 jh/kr/mw

[END]

This report online: http://www.plusnews.org/report.aspx?reportID=94061



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