o A A Report on Workers’ Rights, Advocacy and International Solidarity

www.canadianlabour.ca Labouro Fights AIDSA

LABOUR FIGHTS AIDS A report on workers’ rights, advocacy and international solidarity

ISBN 0-9689749-1-0 published by the Canadian Labour Congress, 2006 with the assistance of the Government of (International Trade and Labour Program of Human Resources and Social Development Canada and the Canadian International Development Agency), as part of the first International Labour Forum on HIV/AIDS affilliated with the 16th International AIDS Conference

©Canadian Labour Congress, 2006 All rights reserved

Design and layout by Tracy Carefoot Visual Printed and bound in Canada by Imprimerie Plantagenet Printing www.canadianlabour.ca Foreword

Sisters and Brothers

If there is one single truth common to the whole of It is with this tremendous sense of pride that the labour movement, its past as well as its future, I bring you this report from the Canadian Labour it is that working people win when they set aside Congress, “Labour Fights AIDS”. their differences and work together toward a Here, you will see how collective bargaining common good. helps workers living with HIV/AIDS and prevents its We call this solidarity, and it makes even the further spread. You will learn about the work labour most vulnerable workers stronger than they ever unions are doing in countries devastated by this imagined they could be. Through our solidarity, pandemic though the support of individual unions working people have shown we can change the and especially through the Canadian HIV/AIDS future for our families and our communities. Labour Fund, to which so many give. You will learn Bringing the power of our solidarity to the about workers’ long struggle for a universal right fight against the spread of HIV/AIDS, offers another to care and treatment, and for safe, equitable source of hope for the millions of workers whose and healthy workplaces. Most of all, you will be own lives, families and communities are being challenged to do more as you learn about the ravaged by this pandemic. continuing spread of this pandemic both at home This is especially true in places where the and around the world. workplace is one, if not the only place where people Sisters and brothers, solidarity is the source can come together, share their stories and learn of our strength. It is also the source of the hope we how to turn the tide against this global human all have for a better world and a brighter future. crisis. Whether it is access to public health services, overcoming taboos that don’t allow open talk about gender or sexuality, or confronting economic barriers; the issues labour has long dealt with to win social and economic justice for working people, are well In solidarity (with hope and pride), fitted to fighting the discrimination, inequity and ignorance that propel the HIV/AIDS pandemic. I have to say that the labour movement is here today, on the front lines in the fight against HIV/AIDS because workers have asked us to be there. This collective demand for action from workers Kenneth V. Georgetti, for workers, makes me proud to be a union member. PRESIDENT

i Labour Fights AIDS About the Authors

JOHN FOSTER is Principal Researcher, Civil Society/Governance, with the North-South Institute. Formerly Sallows Professor of International Human Rights at the College of Law, University of Saskatchewan, and National Secretary of Oxfam Canada, Dr Foster is the author of numerous articles on HIV/AIDS.

JESSIE WANYEKI FORSYTH has worked in Mozambique with trade unions and their women’s structures since 2003. As a CUSO cooperant, she advises unions on HIV, gender issues and international networking. Holding an MA from Montreal’s Concordia University, Ms. Forsyth has also worked on human rights issues in Kenya.

DAVID GARMAISE is an Ottawa-based researcher who has written extensively on HIV/AIDS related issues in Canada and internationally. He is the former Executive Director of the Canadian AIDS Society, and is currently both a consultant and a Senior Analyst with Aidspan, an international non-profit organisation.

We would like to thank the many people who have generously allowed us access to their time and resources and who shared stories, information and experiences which are recorded in this report. Many of these trade union activists are on the front lines of the fight against HIV and AIDS, and we acknowledge their important work and wish them well.

ii www.canadianlabour.ca Contents

i FOREWORD by Kenneth V. Georgetti President, Canadian Labour Congress

1 INTRODUCTION

3 CHAPTER ONE: Policy advocacy on HIV/AIDS: the Canadian Labour Congress and Public Policy by John Foster

17 CHAPTER TWO: HIV/AIDS, Labour Unions, and International Solidarity by Jessie Wanyeki Forsyth

37 CHAPTER THREE: Workers’ Rights: HIV/AIDS and the Labour Movement by David Garmaise

iii Labour Fights AIDS

iv www.canadianlabour.ca Introduction

Workers know only too well the shadow cast by the Divided into three chapters, the report HIV/AIDS pandemic. Around the world, three out of describes unions’ work in terms of protecting workers every four people living with HIV are workers. AIDS rights through collective agreements and union has made inroads in the workplace, in communities policies, policy and advocacy which shapes and in families. The challenge of the pandemic lies government actions and improves conditions for in the fight against inequity, oppression and injustice. all, and international solidarity where international However, organizing to overcome a challenge is partnerships between unions empower workers not new to workers, and unions have risen to fight to educate, take action and change society. HIV/AIDS as they have fought previous battles – The power of workers uniting across borders with activism, solidarity and intelligence. is revealed in the chapter titled International In the midst of the human tragedy wrought Solidarity. In Tanzania, union solidarity help propel a by the HIV/AIDS pandemic, there is hope. Thanks broad coalition of workers, employers, government to the generous donations of workers in Canada – and civil society to develop comprehensive individually, through locals, labour councils, strategies to combat the pandemic’s spread. provincial and territorial bodies, affiliates and In Mozambique, women workers empower them- the Canadian Labour Congress – the Canadian selves, their workplaces and their communities, HIV/AIDS Labour Fund is a tangible expression of thanks to the power of international cooperation. In our solidarity. This fund allows Canadian workers , Ghana and , worker organizations help African women to negotiate condom use. develop plans and learn from each other successes It helps Nigerian workers forge a worker-oriented as solidarity powers the movement towards a approach to the pandemic and it supports pan-African labour approach. In Swaziland, unions prevention and education work in the schools from neighbouring help combat the and workplaces of Senegal, Tanzania and pandemic’s effects by helping unions challenge other countries. society’s unequal treatment of women. And in This report – Labour Fights AIDS – acknowl- schools in both Ontario and Africa, students learn edges that unions are at the fore of the global fight about their world and the impact HIV/AIDS has against AIDS, and provides concrete and detailed upon it through manuals written by workers and examples of how that struggle takes form, with a their unions. particular focus on the role played by Canadian Here in Canada, similar examples of solidarity unions. This is the first time that such an account are denting the pandemic’s spread and helping has been published, and it is a worthy reflection workers living with HIV/AIDS access the care and of these efforts. While no one document can fully treatment they need and work with the dignity they describe the breadth and scope of efforts to fight deserve. The chapter on Workers’ Rights outlines AIDS, the Canadian Labour Congress is proud to collective bargaining on HIV/AIDS-related issues in bring you this assessment of trade unions’ work. Canada. By bargaining access to health benefits, Workers know struggle well, and solidarity was confidentiality and the responsibility of employers forged in it. The chapters that follow demonstrate to accommodate workers with disabilities such how solidarity is applied to the pandemic: In our as HIV/AIDS, trade unions are bringing essential own workplaces; in shaping government policy protections into the workplace, and hope to in Canada and around the world; and in unions workers and their families. helping unions across international borders.

1 Labour Fights AIDS

But despite these successes at home and It is time, then, to take stock of the contribution around the world, workers know there is much more that unions have made in the fight against AIDS, to do. Workplaces are valuable and proven environ- and to address the reality that more is needed. ments to beat back the pandemic’s spread but they The information in this report, firmly anchored exist in a broader world, where profit and corporate in the certainty that AIDS is a workers’ issue, can interests dominate. In this global sphere, halting guide and inspire our movement. The spread of progress is being made at the and HIV/AIDS is a core health and social justice issue, G8 in large part due to the pressure that unions as in the North as in the Global South. The level of part of civil society bring to bear, as outlined in the access to income, social security and treatment for chapter on Policy and Advocacy. affected workers around the world is a test of our In the face of formidable pressure from corpo- commitment to each other. rate interests and social conservatism, trade unions This report is released on the occasion of the work to influence national government policy and Labour Forum on AIDS in , Canada – the practice – on both domestic activities and interna- first ever global meeting of Labour activists working tional policy. Through advocacy on HIV/AIDS and on HIV/AIDS. The Canadian Labour Congress is related issues, unions work not only to protect their hosting this Forum on the occasion of the XVI own members, but to improve conditions for all International AIDS Conference in August 2006. members of society – through access to treatment, The global Labour Forum on AIDS is a time to elimination of inequities, reduction of poverty celebrate what solidarity has achieved at home and and protection of human rights. The Policy and around the world. More urgently, it is also a time for Advocacy chapter of this report outlines some of solidarity to rise to the challenge once more and the initiatives undertaken by the Canadian Labour deal with the pandemic’s haunting human impacts Congress and other members of civil society to with renewed vigour and determination. force these changes. This report marks a significant milestone in labour’s achievements in the fight against HIV/AIDS. From the smallest workplace to the TAKING STOCK AND RENEWING OUR EFFORTS largest global stage, AIDS is a workers’ issue and unions face its injustice with an unwavering Sometimes, in the face of a pandemic that sees commitment to another world in which workers 40 million people worldwide testing positive for HIV, are equal, and free from stigma and discrimination. including more than 58,000 Canadians, it is possible This document sheds light on the struggle and to think the problem is too large to solve. But work- illuminates the path ahead. place by workplace, policy by policy and solidarity initiative after solidarity initiative, workers are doing their part to fight back. This report outlines how, although as impressive as our victories sometimes are, the scale of the pandemic demands that unions and all society do more. Infection rates in Canada find new fuel in the inequality that surrounds us. The fastest growth is among young, heterosexual women, and in marginalized communities infection rates are far above the national average. Workers’ long struggle for justice attacks the poverty and exclusion that propel infection rates upwards.

2 www.canadianlabour.ca Chapter One Policy advocacy on HIV/AIDS: the Canadian Labour Congress and Public Policy Author: John Foster

This chapter reviews recent engagements by the Consider the following activities: Canadian Labour Congress (CLC) in policy and • Enhancing Canadian development policy, advocacy on the challenge of HIV/AIDS. These with a focus on eradicating poverty, through actions and positions are largely based on the support of the UN Millennium Development national policies outlined in the third chapter covering Goals and public campaigns like Make “Workers’ Rights”. The global dimensions, community, Poverty History/the Global Call to Action gender-specific and development impacts of the Against Poverty. pandemic require an equivalent response. • Defending and extending public health care Canadian Labour Congress participation in and supporting access to quality public health international bodies like the International Labour care through the strengthening of health Organisation (ILO), and in many international systems world wide. labour bodies, as well as its bilateral relations with national federations, particularly in developing • Extending understanding, respect, legal countries, give its actions additional strength guarantees and opportunities for empowerment and substance. The development of projects of women and girls at home and abroad. in partnership with union and community bodies • Establishing and defending the human rights in developing countries, often in concert with of gay, lesbian, bisexual and transgendered the international offices of CLC’s affiliates people at home and abroad. provide material, and often, political support • Working to guarantee respect for vulnerable to these partners. groups including sex trade workers, injection Much additional work is done by CLC drug users, prisoners and others. affiliate unions, making this chapter a series of • Outreach with Aboriginal communities, workers of highlights only. colour, new immigrants and Canadians arriving from the countries most affected by HIV/AIDS. ONE DIMENSION OF THE WHOLE: Restricted access to essential medicines AIDS IN CONTEXT makes engaging international financial and trade bodies imperative. Current trade and development The global struggle to defeat the pandemic has policies make economic justice an essential tool many dimensions: women’s empowerment, poverty in combating HIV/AIDS, and engaging bodies like eradication, decent food, clean water, safe housing, the World Bank, the World Trade Organization and education, attention to vulnerable groups, combating G8 is essential. Contributions to poverty relief like stigma and discrimination, decent and safe work the cancellation of debt and an end to harmful among others. While this chapter focuses on conditions on grants, loans and development specific policy and advocacy on HIV/AIDS and assistance must also be part of the overall effort. The more particularly on international policy with a achievement of victory over HIV/AIDS is intimately focus on sub-Saharan Africa, other aspects of the connected with the goals of “Health for All”, Canadian Labour Congress engagement should “Education for All” and “Make Poverty History”. be kept in mind.

3 Labour Fights AIDS

Policy framework epidemic are not commensurate with the magnitude of the problem”. The Resolution called on the CLC Policy references to AIDS stem from the Canadian to lobby government, business and the international Labour Congress’ 1988 Convention when delegates community for: passed a resolution calling on the CLC and its • Greater spending on HIV/AIDS and opportunistic affiliates to “formulate a policy statement on AIDS diseases’ treatment and prevention; which includes information on workers’ rights when routinely exposed to carriers of the AIDS virus, • changes to global patent rule to cut the cost and also a statement which ensures the protection of HIV/AIDS drugs and to promote the use of of confidential health information of employees generic drugs to fight HIV/AIDS, opportunistic carrying the virus.”1 A resolution at the same infections and other communicable diseases convention resolved that the CLC: in developing countries; and • distribute campaign material to inform “lobby the federal government for policies and Canadians and build strong public support for programs to ensure that employers make the work- strengthening the Canadian response to the place safe for AIDS sufferers and carriers, and for HIV/AIDS epidemic throughout the world, and co-workers, and to reinforce that mandatory testing especially in sub-Saharan Africa. is an inappropriate response to this problem:” The CLC would also “continue to provide and support for trade unions around the world in their “lobby the federal government to develop efforts to fight HIV/AIDS at the workplace and in appropriate programs with the goal of promoting their communities.”5 understanding of AIDS and its transmission, The resolution was updated and broadened in increasing safety and compassion, and reducing 2005. This most recent policy action calls on the 2 fear and hostility towards carriers and sufferers” CLC to build awareness among workers regarding The position against mandatory testing was AIDS’ impact on the developing world, and agrees reiterated at conventions in 1990 and 2002, with to actively support coalitions promoting the right to the latter CLC Convention broadening its reach on health such as the Global Treatment Action Group. domestic strategy. Delegates at the 2002 convention The resolution notes that both Doctors without passed a resolution calling on the CLC to work to Borders and the Canadian HIV/AIDS Legal Network ensure all necessary care services to infected people, are involved. It called on the Congress to use necessary resources for education, research and World AIDS Day and the 2006 International AIDS prevention and prevention of discrimination against conference to promote labour perspectives, and HIV-positive people.3 Particular attention was given encouraged affiliates to contribute to the Canadian to the gender impact of the pandemic, notably HIV/AIDS Labour Fund and support the Stephen seeking investment on microbicides to improve Lewis Foundation.6 women’s protection for themselves, and funding The accent on advocacy continues with for comprehensive prevention programs for monitoring and lobbying the Canadian Federal young women.4 government for increased funding for HIV/AIDS But 2002 marked a significant new international through a variety of channels including the ILO direction with a resolution on CLC action on and the Global Fund. HIV/AIDS. It was based on a clear sense of the The Canadian Labour Congress entered the pandemic’s global impact, particularly in developing 21st Century with a strong policy orientation on countries, on UN estimates of impact with a focus HIV/AIDS, a clear international understanding, on Sub-Saharan Africa and a recognition that a focus on Sub-Saharan Africa and a mandate “international resources devoted to combatting the to advocate, fund and work in coalition for results.

1 1988 CLC Convention, Resolution No. S-93. 2 1988 CLC Convention, Resolution No. S-65. 3 2002 CLC Convention, Resolution No. CY-98. 4 2002 CLC Convention, Resolution No. CO-101. 5 2002 CLC Convention, Resolution No. CO-101. 6 The Canadian HIV/AIDS Labour Fund was set up in December 2003. “This Fund seeks to support the efforts of our partners in the most affected regions of the world, in particular those aiming to benefit working women, young workers and people working in marginalized sectors of the formal and informal economy.” [http://canadianlabour.ca/index.php/HIVAIDS/469]. The Stephen Lewis Foundation was established by Stephen Lewis who served most recently as the Secretary-General’s Special Envoy on AIDS in Africa. Its purpose is to ease the pain of HIV/AIDS in Africa by providing care to women who are dying, assisting 4 orphans and other AIDS-affected children, supporting associations of people living with HIV/AIDS. www.canadianlabour.ca

Global Policy Committments

Canadian Labour Congress In Africa, an ICFTU-AFRO The ICFTU’s 18th World Congress HIV/AIDS policy and advocacy pan-African Conference adopted in 2004 approved action to enlist work on HIV/AIDS has been the Gaborone Trade Union regional organizations, global developed in concert with the Declaration on Involving Workers unions’ partners and regional world labour movement, as in the Fight Against HIV/AIDS affiliates in the fight against understanding and commitments in the Workplace in September HIV/AIDS, through collective have evolved over the 25 years 2000. By the end of that year, the bargaining, promoting the ILO since the emergence of AIDS. African State leaders were debat- Code of Practice, educational ing the impact of HIV/AIDS on programs and “world of work” In the late 1980s, unions world- the world of work at an ILO event projects. Unions were encouraged wide began making important during the Africa Development to promote legislation against in-roads into acting on HIV/AIDS Forum on AIDS. discrimination and for social as a labour issue – raising protection, address gender awareness of rights-related The ILO’s Code of Practice on and human rights issues, and issues, addressing occupational HIV/AIDS in the World of Work, engage in joint efforts to combat health and safety concerns and launched in June 2001, is a key HIV/AIDS with employers, providing basic transmission and instrument for the global labour UNAIDS, the WHO, the Global prevention information to workers. movement. This document fol- Fund and the ILO. Universal lowed a groundbreaking initiative These efforts gained momentum access to high quality, affordable by South African trade unions and by April 2000, the 17th ICFTU life saving drugs, including and their social partners, who World Congress adopted a first generics, along with strengthening in 1999 agreed a ‘Code of good resolution on HIV/AIDS. This the public health sector, practice on key aspects of global labour commitment were endorsed.7 HIV/AIDS and employment.’ was followed in June 2000 by Momentum was growing. By the adoption of a Resolution World AIDS Day – December 1, concerning HIV/AIDS and the 2003 – the Global Unions world of work by the General HIV/AIDS Campaign had been Conference of the International launched. Labour Organisation.

7 ICFTU. 18GA Final Resolution – 04 – Fighting HIV/AIDS. ICFTU Eighteenth World Congress, Miyazaki, December 5-10, 2004. 5 Labour Fights AIDS

HOW WE WORK The CLC consistently chooses to work alongside in coalitions that share its objectives What does advocacy involve, in terms of daily work and complement its capacities. It has contributed by the International Department at the Canadian financial resources, policy input and advocacy to Labour Congress? several efforts in the global struggle. • Policy development and expression, whether One such example is through launching the drafting briefs for Parliament, providing policy HIV/AIDS Labour Fund in 2003. It addresses the commentaries, articles or contributions to joint impact of HIV/AIDS on workers and their families, policy statements, letters and petitions. as well as on the workplace and on developing • Developing resolutions and policy statements countries’ economies. The Fund supports the for the Congress and contributing to efforts of partners in the most affected regions, development in affiliates and the ICFTU. in particular those of benefit to working women, young workers and workers in marginalized • Direct representation through liaison with sectors of the formal and informal economy. government departments including CIDA, Foreign Affairs, Health Canada and others. • Public education and advocacy, developing presentation tools for public events.8 SHAPING CANADIAN INTERNATIONAL POLICY • Engaging affiliates in trade unions’ cooperation and solidarity on AIDS campaigns and projects. Setting the framework

• Monitoring and denouncing AIDS-related Nothing like HIV/AIDS so vividly illustrates labour rights violations, and writing condolence the extent to which foreign policy has broken letters on the passing of key African the boundaries of traditional foreign affairs labour leaders. ministries and demands broad government • Engaging affiliates in trade unions’ cooperation participation: industry, finance, health, and solidarity on AIDS campaigns and projects. development assistance, defense. • Fundraising for the Canadian HIV/AIDS The CLC has made its own representations Labour Fund, managing its projects, as well to government but also contributed extensively as developing new project proposals focused to coalition efforts to influence Canadian policy. on labour and AIDS. Perhaps the most wide-reaching effort to affect international policy and action on HIV/AIDS is the • Providing technical assistance, monitoring and Global Treatment Action Group (GTAG), a lively – reporting to Executive Council on international if informal – coalition of key social movements AIDS projects. and NGOs.9 These diverse activities are part of an interna- GTAG organized the “Global Health is a tional labour engagement with HIV/AIDS requiring Human Right!” in Ottawa in 2003, bringing participation and exchange with the ICFTU, the together a wide range of Canadian organizations ILO and other global union bodies as well as with interested in joint advocacy on realizing the human various formations at national level. right to health in developing countries, with a Visitors from partner unions overseas have particular focus on addressing the global crises frequently taken leadership in policy representation of communicable diseases such as HIV/AIDS, and public education in Canada with the CLC as tuberculosis and malaria. the bridge or CLC Conventions as the occasion. As Canadian Labour Congress Vice-President, African visitors played a dynamic role in the Barbara Byers stated in opening the Summit Peoples’ Summit in Calgary coincident with the “the crisis in global health demands our intense, Kananaskis G8, and at the CLC’s 2005 Convention focused attention … It comes down to a very in Montreal. Ongoing partnership and exchange simple choice. Either people are at the centre of relationships have been formed, and in some cases development, or greater profits for big business joint projects developed. are at the centre of development.”

8 See for example: Marie-Helene Bonin, Peer Education in HIV/AIDS Labour Programs, Canadian Labour Congress, 10 June, 2004 and Marie-Helene Bonin, Integrating Gender into HIV/AIDS workplace interventions. Canadian Labour Congress, May 5-6, 2004. 9 Among members of the GTAG are development agencies like Care Canada, Canadian Crossroads International, Médecins Sans Frontières, OXFAM-Canada and World Vision, religious groups like KAIROS, research organizations like the North-South Institute and AIDS-specific bodies like the Inter-Agency Coalition on AIDS 6 and Development and the Canadian HIV/AIDS Legal Network. www.canadianlabour.ca

The Summit mobilized support for a compre- • Increasing support for survival through hensive common platform on health as a human Canada’s development assistance, the Global right, which ultimately gained the endorsement of Fund, debt cancellation and policy change at scores of Canadian organizations, orienting their the World Bank and IMF that ensure affected individual and joint work for several years. Its countries have adequate resources but are main lines included: free from conditions that prevent investment • Human rights and support for the right to in health. health around the world. • Research for the public good, including • Gender empowerment, the ability of women microbicides, vaccines and diagnostics for 10 and girls to protect themselves from illness HIV/AIDS and neglected diseases. and HIV infection in particular. The GTAG Coalition and the platform outlined • The urgent need to radically increase above were created with conscious reference to investment in public health systems in the commitments that Canada and other countries developing countries. made in Health for All, the UN millennium development goals and the UN General Assembly • Access to affordable, effective medicines special session on HIV/AIDS in 2001. They were and other pharmaceutical products. also influenced by new global networks as the • Action to ensure that trade and investment People’s Health Movement and the People’s agreements and multilateral bodies ensure Charter for Health. the right of countries to determine their own health policies.

A Common Vision for Public Health

The common platform was created • properly funded by • excluded from all international against the background of wide- governments; trade agreements so that the spread public concern about the expansion and quality of the • truly comprehensive and future of public health care in system is not subject to universal, with all health care Canada. A Call to Care, initiated review by international services provided, publicly by the Canadian Health Coalition trade tribunals; insured, publicly delivered, and endorsed by more than on a not-for-profit basis; • pays decent wages, provides 150 organizations, “affirmed the decent working conditions belief of Canadians that health • accountable through and training opportunities, is a fundamental right of every democratic participation and recognizing that proper com- human being and pledged to governance at all levels; pensation is essential to high defend this right by mobilizing quality care and the retention for a public health care system of health workers.” 11 that is:

10 Global Treatment Action Group. Global Health is a Human Right! A Civil Society Common Platform for Action on HIV/AIDS and Global Health. May 2003. Updated. March 2005. 11 From A Call to Care, as excerpted in Final Report: Global Health is a Human Right! A National Civil Society Summit. Ottawa, 2003. 7 Labour Fights AIDS

The CLC continues to be a significant The CIDA framework’s contention that poverty constituent of the GTAG, and the common eradication, gender equality and human rights are platform was followed by a Civil Society Platform key was supported by the CLC. The framework for Action issued prior to the 2006 International recognized the “threat that the pandemic represents AIDS conference. to countries’ economic and social development, This new platform aims for universal access and on the challenge it poses to poverty eradication to HIV/AIDS treatment by 2010, with four steps and the MDGs.” But while the challenge was required by Canada: recognized, the related policy was inadequate. • Pay our fair share of prevention and While it may provide for labour programming, treatment in developing countries. without more explicit commitment, it was feared this may again “fall through the cracks”. The CLC • Invest in the public health care systems urged a further objective, to work at “prevention of of developing countries. HIV/AIDS and the mitigation of its impact especially • Cancel the debts of developing countries to on public and private sectors workers, in both free up resources to fight AIDS and poverty. formal and informal economies.” • Honour commitments to make medicines Chiefly, the framework’s strategic goals affordable to developing countries. needed to be “specifically designed to respond to At the time of the Conference, the 2006 the social and economic development challenges platform has gained dozens of endorsements.12 identified,” boldly aiming “to help halt the social and economic loss, the increased poverty and the aggravated inequalities brought about by HOW POLICY IS IMPLEMENTED: the pandemic.” ENGAGING MINISTRIES The emphasis in the response to CIDA focused on the need for community ownership and people’s CIDA empowerment. If efforts against AIDS were to succeed, those “most at risk and most burdened” The Canadian Labour Congress has taken a close must be involved in a diversified approach. and critical look at the policies established by key Workers and their families, workplaces, communities government departments involved, Foreign Affairs and neighbours must be instrumental. There is and the Canadian International Development clear need for “a diversified approach to funding Agency (CIDA). In representations in 2001 and and delivery mechanisms and … more innovation again in 2005, the CLC addressed CIDA’s Action and resources,” including Canadian community Plan on HIV/AIDS and its Strategic Framework on representatives working with counterparts overseas. HIV/AIDS13. The CLC addressed both AIDS-specific While Canada’s contributions to the Global policies and their development framework. Fund and WHO’s 3 by 5 Initiative were appreciated, The CLC was critical of the CIDA strategic “CIDA’s bilateral and partnership programs on framework partly because it was too “purely rooted HIV/AIDS have remained few and unable to in the new international development orthodoxy” fundamentally engage the pandemic on its social and “poorly reflects the originality and specificity and economic development grounds.”14 of the Canadian contribution to face the challenge raised by the pandemic.” The CLC’s findings were formed by more than 15 years of policy attention and concern regarding HIV/AIDS, programming through AIDS-related projects in a number of countries and a commitment to the global right to health.

12 Global Treatment Action Group (GTAG), The Global AIDS Crisis: Four Steps for Canada. A Civil Society Platform for Action. 2006. www.aidslaw.ca 13 Comments on CIDA’s Action Plan on HIV/AIDS. July 31, 2001, submitted by the Canadian Labour Congress on behalf of The Labour International Development Committee and comments on CIDA’s Strategic Framework on HIV/AIDS. Submitted by the Canadian Labour Congress to Nancy Connor, Social Development Policies Advisor, January 20, 2005. 14 Comments on CIDA’s Strategic Framework on HIV/AIDS. Submitted by the Canadian Labour Congress to Nancy Connor, Social Development Policies Advisor, 8 January 20, 2005. www.canadianlabour.ca

Foreign Affairs These contributions are only partially evident as a new federal government prepares for the 2006 Following a request from Canadian Foreign Affairs international conference on HIV/AIDS. Minister, Bill Graham, in 2003, for policy advice on international AIDS approaches, the Health Minister conveyed a major brief to the Department of Foreign Affairs15 that helped Foreign Affairs ACCESS TO TREATMENT develop its own draft strategy on HIV/AIDS. This received extensive comments from the The necessity of dealing with health and pandemics Canadian Labour Congress. converged with trade, intellectual property, industrial While generally supportive, the CLC noted that policies and the private interests that dominate both in describing and analyzing the pandemic, them in the battle over a Canadian initiative to more attention was required on HIV/AIDS’ impact on supply affordable medicines. development – specifically the loss of labour force The stage was set by the 2001 Doha WTO participation. It urged more be done in workplace declaration on the Trade Related Intellectual interventions, collaboration with unions and civil Property (TRIPS) agreement, which stated that society in general, which both represented much of TRIPS “can and should be interpreted and imple- the ‘value-added’ of Canadian contributions. The CLC mented in a manner supportive of WTO Members’ called for the labour movement to be represented in right to protect public health and, in particular to governments consultations on HIV/AIDS, with the promote access to medicines for all.”17 labour minister and ILO representatives involved in The declaration dealt inadequately with countries overall federal initiatives given the value of such without capacity to produce relevant drugs, and work as the ILO’s code of practice. work ensued to develop a formula to cover needs The action component required strengthening, for cheap imports. The Canadian Labour Congress with the CLC urging Canada to: followed the issue closely, noting initiatives taken in • Build capacity for HIV/AIDS and public health Europe that endorsed protection of the right to use management by removing loan conditions compulsory licensing in facilitating drug provision; requiring privatization or downsizing; give flexi- and raising the scope of drugs that could be bility on inflation targets to allow greater public considered and number of countries that could 18 spending and deal with public health and food be assisted. scarcity crises; long term sustained funding to Faced with this potential deal-breaker in 2003, strengthen public health systems; and defend the WTO decided to relax rules on patent protection countries’ right to determine health policies, for this group of countries. exempt from trade and patent regimes. A group of Canadian cabinet ministers, challenged by UN Special Envoy Stephen Lewis, • Respond to gender vulnerability and support and led by Industry Minister Allan Rock, proposed initiatives to reduce the vulnerability of migrant Canada act to take advantage of the WTO decision, and mobile workers. and facilitate “access to pharmaceutical products • Join ‘Action Against Hunger and Poverty’ to address public health problems afflicting many (covered below) to develop new financial developing and least-developed countries, means to end poverty and hunger; ensure especially those resulting from HIV/AIDS, malaria, that new financial programs in Africa have tuberculosis and other epidemics.” 19 extensive public consultation and strict public scrutiny.16

15 John W. Foster and David Garmaise, Meeting the Challenge: Canada’s Foreign Policy on HIV/AIDS, With a Particular Focus on Africa. Ottawa, Ministerial Council on HIV/AIDS, September, 2003. 16 Canadian Labour Congress Comments on Foreign Affairs Canada’ draft strategy on HIV/AIDS. Submitted by e-mail, January 27, 2005 17 As found in The Canadian HIV/AIDS Legal Network & Médecins Sans Frontières Canada (2003) Patents, International Trade Law and Access to Essential Medicines.3rd ed. Online: http://aidslaw.ca/Maincontent/issues/cts/Patents-international-trade-law-and-access.pdf. 18 See for example, Kenneth V. Georgetti to the Right Honourable Jean Chrétien, P.C., M.P., November 14, 2002 and Michael O’Connor and Kenneth V. Georgetti et al. to the Right Honourable Jean Chretien, P.C., M.P., December 17, 2002. 19 Bill C-9, An Act to amend the Patent Act and the Food and Drugs Act. 3rd Sess., 37th Parl. 2004 (1st reading February 12, 2004). 9 Labour Fights AIDS

In a 2003 letter to then Prime Minister Chrétien, Given strong pressure on MPs from CLC President, Kenneth V. Georgetti, noted that multinational drug companies, repeated attempts “countries such as Canada have a contribution to were made to ensure the firms would have last say make, as the home to potential suppliers of lower- at virtually every stage of an approval process for cost medicines.” He called for change to the Patent generic alternatives. Battles ensued over: Act to enable production of generic medicines for • Right of refusal export to developing countries.20 • Extent of eligibility of countries In November, 2003 a bill was introduced in the House of Commons by Prime Minister Chrétien, • Lists of relevant diseases and drugs which – following Paul Martin becoming Prime • The right of a multinational to obtain contracts Minister – was ultimately passed in May, 2004 and developed by a generic firm with a recipient became the Jean Chrétien Pledge to Africa Act country or agency in May, 2005. • The ability of non-governmental agencies The ensuing effort to bring into place an Act to to purchase/import generic alternatives facilitate this Pledge was one of the most intense These were complicated by the government’s and detailed periods of advocacy on the global removal of the most committed minister, representing AIDS challenge. The CLC, with allies from GTAG, a city where the generic firms were largely was among the most intimately involved in civil based. His replacement came from a city where society. Due to a process of consultation with various multinationals were influential.21 “stakeholders”, the arguments of the CLC and allies The resulting legislation embodied the Liberals’ met often complementary initiatives from the balancing act rather than a swift mechanism to generics industry and elicited persistent opposition export affordable drugs. By spring 2006, not from multinational pharmaceutical manufacturers. one pill has been exported. The Tanzanian High While the trade union movement had helped Commissioner to Canada comments that the create public desire for action, the negotiations system set up by the act is too complicated. We over the legislation became so technical it was must ensure prospects for a deal are realized. difficult to apply mass pressure beyond general The legislative process clarified several key principles. What was required was careful review issues and may be regarded as a victory by the of texts, application of well-researched arguments CLC and other civil society advocates. It was the with officials and politicians, quick response to first “detailed legislative model for implementing the surprising shifts and, chiefly, persistence. CLC staff WTO General Council Decision of August 30, 2003” worked intensely with allies from the HIV/AIDS but contains some TRIPS-plus elements that under- Legal Network and agencies like Oxfam to ensure mine it. As Richard Elliott of the HIV/AIDS Legal each change in the law was scrutinized, that Network advises, “it can and must be improved”. amendments were developed and introduced, A review of the law is scheduled to occur in early and that CLC leadership lobbied MPs appropriate- 200722, providing civil society advocates like ly. Representations were made before the relevant the CLC an important opportunity to improve on Parliamentary standing committee. first efforts.

20 Kenneth V. Georgetti to the Right Honourable Jean Chrétien, et al. September 30, 2003. 21 Kate Press, “Working analysis on the formulation and implementation of Bill C9 using Kingdon’s 3-stream model”. Draft paper given to author. 22 Richard Elliott, “Pledges and pitfalls: Canada’s legislation on compulsory licensing of pharmaceuticals for export.” International Journal of Intellectual Property 10 Management, pre-publication copy, 2006. www.canadianlabour.ca

Funding The UN

Access to prevention, care, treatment and support The UN General Assembly held a special session is and will be inadequate without increased on HIV/AIDS in 2001. It resulted in a Declaration resources. At the 2002 G8 Summit, Canadian of Commitment on HIV/AIDS: Global Crisis— Labour Congress President Georgetti was among Global Action. international labour leaders who “strongly supported It viewed AIDS not only as a medical issue, the creation of the Global Fund.”23 but “as a threat to political stability, economic growth The CLC has long urged a more generous and human rights.” The labour message, given by Canadian response, and increased support for the ICFTU, highlighted the centrality of the world such initiatives as the Global Fund since its of work, workplaces as centers for a continuum of creation in 2002. In 2003 the CLC noted while the care encompassing prevention, treatment and government seemed open to increased funding the support. It highlighted the urgency of access to need was urgent, and that less than two years after antiretroviral drugs, and pointed to the usefulness its creation the Fund was “facing a financial crisis.” of the ILO Code of Practice against the pandemic. It demanded Canada lead and announce an “Trade unionists came away from the special session increased contribution. determined to promote the declaration, to keep In May 2004, the CLC congratulated the governments accountable to the commitments made, government for increasing funding to HIV/AIDS. and to spare no efforts in working proactively at The 2005 Convention declared that the CLC would national and international levels to continue the continue monitoring and lobbying to increase fight against HIV/AIDS.” 25 funding, including “support to labour and other civil society initiatives.” Canada as one of the G8

The Canadian Labour Congress has given particular GETTING TO GLOBAL DECISION-MAKERS attention to the G8’s role in the global battle against HIV/AIDS. Much advocacy regarding Continuing a persistent advocacy for HIV/AIDS in Canada’s G8 role has focused on Africa, with international policy and actions involves many the- the commission on Africa eliciting attention atres. There are those like the 2003 Commonwealth and comment. summit in Nigeria that offer a specific North-South The 2002 G8 Summit in Canada, provided a framework and membership24. There are others, key occasion for debate and policy progress for like the UN General Assembly, which are virtually Africa. When a Parliamentary committee studied universal and set broad standards and goals like Africa in preparation, the CLC made a detailed the millennium development goals. The particularly submission.26 It reviewed African initiatives and powerful role in agenda setting of the G8, which advised on future policy. includes Canada, requires particular attention.

23 Kenneth V. Georgetti to The Right Honourable Paul Martin, May 19, 2004. 24 The former Commonwealth Trade Union Council, of which the CLC was a member, prepared a submission to the Abuja CHOGM, which included reference to increased support for the ILO Code of Practice on HIV/AIDS and the World of Work. See Kenneth V. Georgetti to The Honourable William Graham, Minister of Foreign Affairs, November 26, 2003. 25 ICFTU Online. UN Special Session on HIV/AIDS in New York: UN Declaration calls for fighting HIV/AIDS in the workplace. ICFTU Online, 123/290601/GA, June 29, 2001. 26 CLC, Labour and Africa: The Way Ahead through Real Partnership. Brief submitted to the Parliamentary Standing Committee on Foreign Affairs and International Trade by the Canadian Labour Congress. Ottawa, April 30, 2002. 11 Labour Fights AIDS

Key to the CLC’s approach was getting the commission’s consultation document. A beyond government-to-government and government- comprehensive and critical commentary was investor engagements, to partnerships between presented including a strong emphasis on the need African governments and their peoples, “including to implement energetic international responses trade unions”. It urged labour standards be central, to HIV/AIDS, along with attention to partnership, and that “participation of women in all aspects of decent jobs, the participation of women and the recovery is absolutely essential,” with a recognition limitations of “trade liberalization as the entry point that most poor people are women. The CLC also for strategies of development.”27 stressed consultation with civil society as important, In a detailed brief, For a Just and Respectful more often claimed than practiced, and called for Partnership for Africa, an ambitious series of conditions from international financial institutions recommendations were presented, including the to be changed. need for a long-term commitment by donor countries With AIDS killing more Africans than war, it and international financial institutions to strengthen must be seen as a security crisis that weakens public health systems and power for each country states and compounds other challenges. This to determine its own health policies “and exempt fact fed the CLC urging, “there can be no African them from trade and investment negotiations and recovery nor development without the HIV/AIDS agreements.” To defeat HIV/AIDS, the need for pandemic urgently addressed, not only as a public countries like Canada to provide leadership to health crisis but as an unprecedented human prevent and lessen the pandemic’s impact on crisis that also triggered extremely serious social, workplaces and family income was stressed, economic and security crisis.” “starting with their own personnel in Africa” The CLC recommended the G8 Summit build through workplace policies for locally engaged “on recent stronger engagement with HIV/AIDS in staff. Funding for African trade unionists to take Africa, and must both put up resources and apply part in global and pan-African programs was strong pressure to ensure that African governments sought to equip people to fight the pandemic work with civil society to fashion and implement at workplace and industry level. appropriate and humane policies to respond to the It also recommended that developed countries HIV/AIDS pandemic, before it destroys what they encourage their companies and NGOs to implement profess to be determined to achieve …” The brief workplace policies, and provide antiretroviral also challenged the silence of African leaders on treatment for overseas staff and dependents, with HIV/AIDS. companies receiving CIDA funding submitting to These recommendations were only a portion of an annual HIV/AIDS audit. International funding an overall approach to re-orienting African develop- programs should include encouragement and ment policies. Also, following established practice, support for African governments to engage civil a labour forum with international union colleagues society and unions in developing innovative ways was organized prior to the summit along with direct to prevent and mitigate the impact of AIDS. The conversations with participants. brief recommended an acceleration to 12% per year for Canada’s aid increase, and called for a clear commitment by the international community The Africa Commission to commit the necessary funds to the Global Fund and the WHO’s 3 by 5 Initiative.28 With an eye to the 2005 G8 Summit in Scotland, UK Prime Minister Blair initiated the Commission on Africa in 2004, in which then Canadian Finance Minister Ralph Goodale participated. The CLC took the opportunity to engage Minister Goodale and through him the Commission, by commenting on

27 Kenneth V. Georgetti to Minister of Finance The Honourable Ralph Goodale et al, November 26, 2004. 28 CLC, For a Just and Respectful Partnership with Africa. Canadian Labour Congress comments to Minister Goodale on the G8 Commission on Africa’s 12 Consultation Document ‘Action for a strong and prosperous Africa’, November 26, 2004. www.canadianlabour.ca

To Yussuf said rich countries’ commitment is, “quite hollow, as if we have all the time in the world on The G8 has often made action on HIV/AIDS, a our hands.”32 specific agenda item for continued attention and While not attempting a general evaluation of the action. The Scotland summit endorsed the target political declaration that emerged from this review, of universal access to treatment by 2010 and the several themes are worthy of special attention: commitment to develop a vaccine to prevent the spread of HIV. To reinforce and focus that activity the CLC joined others in calling for the creation of Resources a permanent high-level working group on HIV/AIDS at the 2006 G8 Summit, in Russia. An ongoing The review urged a target of US$23 billion per year working group “is essential to ensure continuity, in funding by 2010; at the same time, the Global maintain momentum and support progress on the Fund has launched an appeal for round six of implementation of G8 commitments on HIV/AIDS proposals. The significance of the Fund is from year to year.”29 considerable as it provides 20 % of international The 2006 summit, taking place in a region AIDS funding and 65 % for tuberculosis and malaria. where HIV/AIDS infection is increasing significantly, It estimates total resource needs for 2006-2007 is time to review some of the priorities in the at US$5.5 billion, with a current shortfall of response to the pandemic: “The threat from AIDS in US$2.1 billion. The short-term issue is the need for Eurasia is clear,” comments The Moscow Times.30 Canada to contribute its share and lead by going Injection drug use, the sex trade and unprotected beyond its proportional contribution.33 man-to-man sex contribute significantly to this At the same time, there are resource issues increase and require specific attention to harm that go beyond the current urgencies of the Global reduction, stigma and human rights. Further, the Fund, WHO and the ILO. If universal access to infection is spreading beyond these groups, with treatment is to be available by 2010, and if, just as heterosexual transmission in India, for instance, importantly, prevention, treatment, care and support accounting for an estimated 80 % of new infections. are to be sustained, high levels of consistent and predictable international as well as domestic funding are required. Recognizing fluctuations and inadequacies in LOOKING FORWARD: national donor aid budgets, a number of countries SPECIAL SESSION REVISITED – stimulated by Action Against Hunger and Poverty – initiated innovative ways to provide additional, In May 2006, government representatives and civil ongoing funding. In several cases these are linked society gathered at the United Nations for the five- to health outcomes, particularly to HIV/AIDS. The year review of the plan of action that emerged most advanced is the airline ticket levy inaugurated from its special session on HIV/AIDS, in 2001. by in July, which applies a small graduated The record of achievement had some bright spots – tax on all tickets with the approximately $300 million more than a million people in treatment – but was in revenue in year one invested in a trust fund. This distressingly short in general. As Secretary-General sort of levy is now in process in more than a dozen Kofi Annan concluded: “The world has been uncon- countries. More than 40 countries are also cooper- scionably slow in meeting one of the most vital ating in developing an International Drug Purchase aspects of the struggle: measures to fight the Facility to provide consistent and low-price supplies 31 spread of AIDS among women and girls.” of antiretroviral drugs and other elements for diag- “There is a real lack of comprehension about the nosis and treatment for HIV/AIDS, TB and malaria, calamity we are dealing with,” said Canadian with contributions from varying sources. Canada, Labour Congress Secretary-Treasurer Hassan to date, has joined in neither initiative.34 Yussuf, who attended the May 2006 UN gathering.

29 Kenneth V. Georgetti to the Right Honourable et al, March 23, 2006. 30 John E. Tedstrom, “A New G8 Opportunity on AIDS”, The Moscow Times, Thursday, June 8, 2006. 31 BBC News. Annan Slams lack of HIV progress. News.bbc.co.uk/go/pr/fr/-/1/hi/health/5033172.stm, May 31, 2006. 32 Interview with Hassan Yussuf, Ottawa, June 13, 2006. 33 ICASO. Global Fund Advocacy Alert: Urgent Need to Mobilize Resources for Round 6, June 8, 2006 34 John W. Foster, Initiatives that break taboos :Innovative instruments broach the idea of global taxes. Mondial, World Federalists of Canada, July 2006. 13 Labour Fights AIDS

Human Resources for Global Health When asked why they leave, workers from Cameroon, South Africa, Uganda and Zimbabwe The World Health Organization and World Health cite: better remuneration, safer environment, living Assembly, in 2006 paid special attention to the conditions, lack of facilities among a variety of key need for trained health workers if health systems factors. Action to ensure that workers are part of in developing countries are to be strengthened restored and strengthened health systems must and sustained. address these and related “push” factors. The 2006 World Health Report focuses on the Clearly, training and supporting an adequate situation of the workforce. As its former head noted, cadre of health workers at all levels in developed “We have to work together to ensure access to a “pull” countries is one of the key contributions to motivated, skilled, and supported health worker by dealing with global needs. A Commonwealth study every person in every village, everywhere.” The of approaches to nursing needs in the Caribbean report covers vital ground, but its lead challenge examined the possibility of a temporary movement is a lack of health workers, equivalent to 2.4 million program to address personal advancement, supply doctors, nurses and midwives. “There are currently and development needs. It suggests capacity 57 countries with critical shortages,” most prominently building for Caribbean nursing education, expanded in sub-Saharan Africa and south and south-east temporary employment opportunities in Canada, Asia. Strong country strategies and global solidarity expanded incentives for return migration and are urgently required if this essential component to support for Caribbean institutions to become the global struggle is to be sustained. “A premier centres of training excellence. challenge is advocacy that promotes workforce While the UK has developed bilateral agree- issues to a high place on the political agenda and ments with some African countries, like Malawi, keeps them there … There are no short cuts and to address health worker needs, no action has as there is no time to lose. Now is the time for action, yet been taken on the study recommendations to invest in the future, and to advance health – by Canada.37 35 rapidly and equitably.” The WHO report urges comprehensive This challenge involves dealing with an issue action that focusses on health workers. It calls for that many governments and agencies are reluctant transparent and inclusive decision-making processes, to address: the migration of health personnel and intense dialogue and strategies that deal with the “push” and “pull” factors that drive it. Currently, working life from entry to exit. The opportunity for for example, 23.1 % of Canadian doctors are from engagement with labour organizations is vital, as abroad, and 43.4 % of those are from lower income is the issue. countries, notably South Africa, India and .36 Among doctors trained in sub-Saharan Africa, though, 29 % trained in Ghana and 37 % trained in South Africa are working in OECD countries, joining more than 18,500 from 11 countries. Disturbing patterns draining nurses and other health workers from developing countries comprise a fundamental challenge to pledges to strengthen health systems. The WHO report is clear that maternal survival, child survival, infant survival and other priority health outcomes depend on density of health workers.

35 World Health Organization, Working together for health: The World Health Report 2006. Geneva, WHO, 2006. xv, xxvi. 36 New England Journal of Medicine. 353;17. October 27, 2005. www.nejm.org In the US the proportions are 25% and 60.2%, in the UK 28.3% and 75.2% and Australia 26.5% and 40.0%. 37 Commonwealth Secretariat, A Managed Temporary Movement Program for Nurses: Preliminary Assessment of Policy Options for the Managed Temporary Movement of Caribbean Nurses to Canada, the , and the . Synopsis of a Study Prepared for the Commonwealth Secretariat, 14 May 2005. www.canadianlabour.ca

The right to health Russia and various other countries in transition have significant increases, too. If they remain While the UN review urged governments to utilize unrecognized, they are likely to remain unrespected, full flexibility in existing intellectual property regimes unassisted and often repressed. (TRIPS) under the WTO, it ignored the continuing Effective responses to HIV/AIDS frequently restrictions on access embodied in numerous bilat- depend on the experience and insight of just these eral and regional trade and investment agreements. people. As Canadian civil society delegate Joanne Civil society organizations at the UN urged a Csete told a General Assembly panel: full moratorium on all new “TRIPS plus” accords, “We can be inspired by the courage of those but no such clause was included. As Canada con- living with HIV, those working in the sex trade, tinues to expand its range of bilateral and regional those who use drugs, those in prison and formerly accords, no further extension of TRIPS restrictions in prison, and those men who have sex with men should be included, and, in its role at the WTO, who organize to amplify their voices and to fight Canada should oppose such initiatives that conflict every day against HIV/AIDS, even when it is with the right to health. dangerous or highly inconvenient to do so. Continued work on the provision of new medi- cines of priority importance in poorer countries was “But it is not enough to be inspired by them. pushed forward by the WHO in 2006. The 2006 Effective responses to HIV/AIDS will not be found and World Health Assembly asked member states to will not be sustained until those most affected are “encourage that trade agreements take into listened to and respected in decision-making …”39 account the flexibilities” in TRIPS as outlined by the Yet the evidence of sexual oppression contin- WTO. It set up a working group to devise a global ues to mount, as shown in a recent issue of the strategy and plan of action aimed at “securing an African e-newsletter Pambazuka, which asks enhanced and sustainable basis for needs-driven, “How can HIV/AIDS policy be successful in essential health research and development relevant Uganda when the country makes homosexuality to diseases that disproportionately affect developing illegal?” and reviews “Family values, hate speech countries”. Non-governmental organizations in and the right to be gay in Nigeria.” It has also 38 official relations with WHO were invited to attend. focused on the uneven implementation of the Protocol on the Rights of Women in Africa.40 The CLC has responded on occasions like Vulnerable people the murder of Jamaican AIDS support leader Steve Harvey. This “vicious assassination … ended a life Due to the persistence of prejudice, stigma, power full of commitment, energy and dedication, seeking relations that deny women and many vulnerable to improve the quality of life of those most vulnerable groups political power, repressive attitudes to human rights violations.” CLC President Georgetti enforced by security forces, the enjoyment of full called on the Jamaican government to find the human rights and accesses to the sexual and guilty, and “ensure that the Jamaican Government reproductive rights that help prevent infection, formulate, enact and enforce policies to protect remain elusive. Despite the leadership of the Jamaican citizens from violence, homophobia Secretary-General and the diverse voices of civil and all forms of discrimination.”41 society, several countries blocked the mention of Occasions requiring such response are unlikely specific vulnerable groups. This verbal and political to cease in the near future, but advocacy and policy refusal represents willful blindness to the situation, need to focus on a long-term effort to disperse the and to the rights and urgent needs of many people prejudice, sexism, stigma and homophobia which threatened by the pandemic, particularly where the are the fertile soil of violence. expansion of infection is recent and rapid. India now has more infected people than South Africa;

38 Fifty-ninth World Health Assembly. Public Health, innovation, essential health research and intellectual property rights: towards a global strategy and plan of action. WHAQ59.24, May 27, 2006. 39 Joana Csete, Address to a panel discussion at the United Nations 2006 High-Level Meeting on AIDS, May 31, 2006 Canadian HIV/AIDS Legal Network. 2006. 40 Pambazuka News 255: The Fight for Rights: Stories of Sexual Oppression. May 18, 2006. 41 Kenneth V. Georgetti to The Honorable P.J. Patterson, Prime Minister of Jamaica. December 13, 2005. 15 Labour Fights AIDS

THE CHALLENGE REMAINS Looking to the Toronto International AIDS Conference and beyond, CLC Secretary-Treasurer, In the midst of disappointment with the overall Hassan Yussuf, calls for a deeper engagement on result of the 2006 UN review session, one of the the part of labour, to demonstrate that working people key African civil society witnesses looked beyond are exercising their responsibility in this struggle, at “the failure to demonstrate real political leadership the workplace and in dealing with governments: in the fight against the pandemic.” Njongonkulu “Only a multilateral effort is going to break this Ndungane, Anglican Archbishop of Cape Town, cycle of calamity, without it there won’t be the political continued: “Even at this late stage, we call on the or material resources to provide access to treatment, world’s political leaders to rise up and meet the to fund the Global Fund … The trade union move- challenges that the pandemic presents and set ment has a real role and responsibility to make this ambitious targets at a national level to guarantee happen. We need to continue to educate ourselves, universal access to treatment, care, support to raise many many voices to get government and prevention.”42 action and to commit more of our own, however Alan Leather, Chair of the Global Unions modest, resources. I hope Toronto will unite us Advisory Committee on HIV/AIDS, stressed the to do more and to do it better.”44 role of workers and the workplace in pressing for a growing response. “Our 155 million members are distributed throughout most countries and territories of the world, and many of them, as well as other citizens, are dying because of this disease. All governments must speak up: it cannot be left only to those that are facing high or moderate infection rates today.”43

42 Global Network of People Living with AIDS, “Civil Society declares UNGASS a failure: International civil society denounced JUN meeting on AIDS as a failure”. Press release, June 2, 2006. www.gnpplus.net/cms/article.php/20060602192736344 43 ICFTU, Governments, Employers and Activists Told: “Tackle HIV/AIDS Stigma & Discrimination at the Workplace”, New York, June 1, 2006. 44 Interview with Hassan Yussuf, Ottawa, June 13, 2006.

16 www.canadianlabour.ca Chapter Two HIV/AIDS, Labour Unions, and International Solidarity Author: Jessie Wanyeki Forsyth

At this stage in the world’s fight against HIV/AIDS, citizens have much to do to help meet the global the urgency is clear as is the need to strengthen targets, set out by the UN, of halting and reversing and diversify response. Whether campaigning for the spread of HIV/AIDS by 2015.49 increased access to antiretroviral drugs, training Most official declarations concerning HIV/AIDS shop-stewards to fight HIV and gender-related stigma emphasize the need for solidarity in the fight and discrimination, empowering students and against the pandemic, the need to forge strong teachers to be joint leaders in the fight, creative partnerships and alliances that recognize and and committed unions worldwide are acting to stop embrace diversity within collectivity. The UN has the spread and mitigate the effects of HIV/AIDS. made specific reference to trade unions as a key There are many reminders of the severity with partner in the fight against HIV/AIDS.50 Trade which HIV/AIDS is affecting – unequally – all countries. unions – born out of solidarity and struggling for the In 2001, the world mobilized to approve the United recognition and protection of socio-economic rights Nations’ declaration of commitment on HIV/AIDS through that solidarity – are ideologically and struc- when an estimated 36 million people worldwide had turally well situated for the fight against HIV/AIDS. already been infected with HIV, and 22 million had This chapter highlights specific actions taken died.45 By the end of 2005, the estimated number of by labour unions, in solidarity with one another, people living with HIV/AIDS had risen to 38.4 million, against HIV/AIDS and sometimes in parallel with and an estimated 2.8 million more had died that governments and employers. It looks at roles year alone.46 Although we are cheered by an Canadian unions are playing with their labour isolated decline in HIV prevalence in a handful partners and civil society, as well as strategies of countries – Kenya, Zimbabwe, the Caribbean, labour partnerships are developing to address Cambodia, Thailand and parts of India – we must HIV/AIDS in a variety of contexts. Five HIV/AIDS also recognize that HIV infection rates continue to labour projects with Canadian involvement, acting rise in most of the world, including in wealthy coun- as case studies in international labour solidarity tries such as Canada and Russia.47 Sub-Saharan around HIV/AIDS are highlighted. Africa is still the most severely affected region, with exceptionally high infection rates. South Africa, in particular, suffers from one of the worst epidemics with no signs of improvement.48 Clearly, global

45 Declaration of Commitment on HIV/AIDS, UNGASS. p. 1. www.ungasshiv.org/index.php/en/ungass/declaration_of_commitment 46 2006 Global Report on the HIV/AIDS Epidemic.p.6. 47 Ibid. pp. 6, 71. 48 Ibid. pp. 6. 49 This target is the basis of the “Declaration of Commitment on HIV/AIDS,” adopted at the 2001 United Nations General Assembly Special Session on HIV/AIDS (UNGASS) and signed by all 189 United Nations Member States. www.ungasshiv.org/index.php/en/ungass/declaration_of_commitment 50 A recent example is in the Declaration of Political Commitment that emerged from the June 2006 UNGASS review (section 14). www.un.org/ga/aidsmeeting2006/declaration.htm 17 Labour Fights AIDS

Overview – Responding to AIDS for specific sectors and types of work that expose workers to particular risk. Finally, the Fund outlines from a labour perspective. the strategic importance of carrying out peer education in workplaces as both a way of “The HIV response is insufficiently grounded in the disseminating information, and influencing behaviour promotion, protection and fulfillment of human and social change, within the safe space of rights.,” says UNAIDS.51 This sentiment is echoed discussion with co-workers.53 by Dutch trade unions in FNV Mondiaal’s overview The increasing recognition of and ability to of “Trade Union Support in the Struggle Against address the gender dimension of HIV/AIDS in the HIV/AIDS”, which argues for increased advocacy world of work – in both formal and informal work and lobbying capacity within the trade union environments – is also a top priority for the Fund. In movement, both globally and nationally. With better supporting projects where there are funding gaps, protection of rights, stronger mechanisms in place those projects coming from workers’ organizations to affect socio-economic structural contexts, unions from the “poorest and most affected regions of the can focus on their advocacy role and de-emphasize world”, the Canadian HIV/AIDS Labour Fund works their less sustainable, but more immediately alongside existing international development labour necessary, ‘service’-based actions. projects to meet short and long-term goals. The Canadian Labour Congress’ international Canadian unions have adopted several ways labour programs, similarly, are based on the principle to express their solidarity in the global fight against of sustainable development, and therefore prioritize AIDS, including through charities. The growing education on workers’ rights and issues, and recognition of their specific role in fostering workers institutional development that will “foster democratic solidarity through international union cooperation is governance and self-reliance among partners, as however significant. The review of selected labour well as policy analysis and campaigning”.52 projects – funded through multilateral or bilateral The Canadian HIV/AIDS Labour Fund is central initiatives – offers insight into how Canadian unions to many activities of the CLC and its affiliates, with are addressing their shared concerns of sustainability, a mandate that helps situate the labour-dimension appropriateness of interventions, and strength of of HIV/AIDS within a broad context. It underlines impact, alongside the struggle to meet immediate the direct impact that workers’ vulnerability to needs – and hopefully stimulate more innovative HIV/AIDS has on workplaces, families, and responses to come. communities; but also draws attention to the impact of HIV/AIDS on entire economies and societies. It considers such wide-ranging effects as reduced education and training levels due to reduced income for school fees, and increased numbers of under-educated children and youth entering high HIV/AIDS-risk marginalized sectors of the formal and informal economy. The Fund also alerts project developers to tailor HIV interventions

51 2006 Global Report on the HIV/AIDS Epidemic.p.6. 52 http://canadianlabour.ca/index.php/projects_and_program 18 53 http://canadianlabour.ca/updir/aids_2004_en.pdf www.canadianlabour.ca Five Case Studies KEY GOALS AND ACHIEVEMENTS For both TUCTA and the CLC, the project’s objectives are to: • Preserve economic and social development CASE STUDY 1 levels- though too low- through the mitigation of HIV/AIDS’ impact on workers, their Making Bipartite and Tripartite workplaces and communities; Partnerships Work • Improve Human Rights and Social Justice, through the promotion of gender equality, the The Trade Unions Congress of Tanzania (TUCTA) fight against child labour and the defence of has worked directly with the Canadian Labour workers’ rights – including those working in the Congress to fight HIV/AIDS in workplaces since informal economy and those living with HIV; 2002. Their campaign has focused on providing peer education and training skills to TUCTA’s • Contribute to good governance through 12 affiliates, as well as on developing bipartite (union an increased participation of trade unions, and employer) workplace policies and increasing including women activists, in public debates, TUCTA’s involvement in tripartite (unions, employers national policy-making, legislative processes and national government) HIV/AIDS endeavours. and governing bodies. Affecting change through education and policy By 2005, TUCTA had provided HIV peer requires time, energy and patience, but a union counseling and education for all 12 affiliates. The armed with both can move a long way in ensuring its program focused on training trainers through a own sustainable development and the sustainability series of courses for 24 unionists (2 from each of of its actions. Tanzania’s unions have already seen the affiliated unions, including 4 women). A total some important successes, in a fraternal partnership of 46 people were also trained as peer educators, with the CLC that they describe as having including 18 women. Together, these union activists “improved TUCTA’s performance remarkably”.54 are now educating workers about HIV/AIDS and According to an independent project evaluator prepping more peer educators to raise awareness who reviewed the Canadian Labour Congress’ in more workplaces. international program, this project “is based on a This training process in itself – lasting up to partnership model which is designed to strengthen seven days for peer educators, and two weeks for the capacity of trade union partners in developing training of trainers – is already strengthening the countries … The support provided to the overseas education and advocacy capacity of TUCTA and partners is appropriately operationalized through a its affiliates. Each new participant becomes well strong and fraternal partnership relationship. The versed in basic facts about HIV/AIDS prevention, partnership relationship with most overseas partners care, testing, counseling, and management; but has been long-standing over many years, and also in facts about HIV/AIDS within the world of therefore each of the LIDP partners has a sound work. They expand their knowledge of HIV/AIDS and intimate understanding of the labour context to include its impact on workplaces and workers of the countries in which they are involved.” 55 rights, the content of the ILO Code of practice and national legislations, possible options for employers’ assistance programs, and methods for collective bargaining and developing workplace policies and action plans. As such, each learner becomes a resource person and advocate for his workplace as well as others organized by the same national union.

54 Interview with Dr. Meja Kapalata, TUCTA’s Director Health and Safety and HIV/AIDS Coordinator, June 5-8, 2006. 55 “Mid-Term Evaluation of the Labour International Development Program (2002-2007): Bridling the Detrimental Facets of Globalization through the Crucial Strengthening of Trade Unions in Developing Countries (Final Report)”, Yusuf Kassam, E. T. Jackson and Associates Ltd., Ottawa. Prepared for the Voluntary Sector Division, Canadian Partnership Branch, Canadian International Development Agency (CIDA), Gatineau, May 18, 2005. 19 Labour Fights AIDS

In 2002, through the first activity implemented This workshop boasted the participation of with the Canadian Labour Congress’ support, all 12 affiliates, as well as representatives from the TUCTA took the significant step of developing its ministries of labour and health, Tanzania’s national own national HIV/AIDS policy. Having developed AIDS commission – TACAIDS, and its national this union document, available both in English Employers’ Association and Chamber of and Swahili, helped national unions to consider Commerce. The Canadian Labour Congress, HIV/AIDS a priority, and their subsequent participa- local and international NGOs, CIDA and the media tion in the courses convinced them to develop were also present. Discussions included a general workplace policies. To date, TUCTA and its affiliates review of the TUCTA-CLC campaign to date, the have developed and bargained with employers a HIV/AIDS situation in Tanzanian workplaces; common total of 17 bipartite workplace policies. These policies, ways of collaboration between employers, workers, based on the ILO code of practice, treat key areas and other stakeholders; and, importantly, strategies such as the rights of workers and people living with for increasing workplace HIV interventions. HIV/AIDS, protection against discrimination and The success of this forum led to greater stigma, provision of workplace education programs collaboration between TUCTA, the national AIDS and access to appropriate treatment, care and commission and employers.58 It has also caused support. The policies themselves are a considerable more on-going engagement between TUCTA and step forward in meeting TUCTA’s goals to preserve the ministries of labour concerning HIV/AIDS in and improve economic and social development the workplace, and the inclusion of the rights of levels through the mitigation of HIV/AIDS’ impact workers living with HIV/AIDS in Tanzania’s poverty on workers, their workplaces and communities; and reduction strategy paper. Finally, TUCTA is now improve human rights and social justice through a member of Tanzania’s overseeing body for promoting gender equality, fighting child labour the Global Fund to fight AIDS, Tuberculosis and and defending workers’ rights.56 Malaria, and also part of broader discussion of TUCTA has also advanced towards meeting HIV/AIDS in which stakeholders are finalizing a its third major objective – to enhance governance code of practice specific to Tanzania. In short, through more trade union participation, including social dialogue is well underway. women activists, in public debates, national policy- making, legislative processes and governing bodies57 – as a result of its 2004 Tripartite workshop on HIV and the Workplace.

56 Ibid. 57 Ibid. 20 58 TUCTA collaborates with the Association of Tanzania Employers, that represents 850 employers and 250,000 workers. www.canadianlabour.ca

EMPLOYERS’ RESPONSE – Surprising the Expert

Dr. Meja Kapalata is TUCTA’s As the TUCTA HIV/AIDS coordina- At the 2004 Tripartite on AIDS committed and knowledgeable tor, I am charged with the and the Workplace, an employer HIV/AIDS coordinator, who brings responsibility of coordinating explained to others in attendance a vast expertise to the labour HIV/AIDS workplace interventions that without the unions, movement’s fight against in collaboration with TUCTA’s management cannot succeed HIV/AIDS. affiliates. This involves giving in implementing AIDS programs technical assistance in terms of simply because workers will not “I am a medical doctor and a education, training, bipartite and trust their motivations (based on lawyer by training. I have spent tripartite dialogue on HIV/AIDS.” first hand observation). most of my lifetime practising as a clinician. I left medical practice Providing support and training on “One aspect of this work I find in 1999 and worked briefly for a HIV/AIDS-related social dialogue inspiring is the willingness of health insurance company, until with government and employers, employers to work with TUCTA in 2002 when I joined TUCTA as a Brother Kapalata is well- the fight against HIV/AIDS. Last director of OHS and HIV/AIDS the positioned to comment on week, as a part of our project same year. Prior to that, I had the response of employers to evaluation, I visited some established some involvement TUCTA’s HIV/AIDS initiatives. workplaces where policies had with trade unions while working already been implemented. In To his own surprise, he has met as a doctor at a shipping compa- following-up on the status of the largely positive responses from ny, where I first developed an policies, I could see that they employers to initiate workplace interest in HIV/AIDS education. are being followed.”59 programs and work in collabora- tion with workers’ organizations.

59 Interview with Dr. Meja Kapalata, TUCTA HIV/AIDS Coordinator, June 5-8, 2006. 21 Labour Fights AIDS

REACHING THE MOST VULNERABLE: COTWUT (Communications and Transport Workers Union of Tanzania)

COTWUT represents employees of Sister Mpanbuji feels strongly One time I was in Nyanza, talking the Tanzanian Postal Corporation, about the need to continue raising about HIV/AIDS, and I found that a large employer with 58 work- awareness, particularly for people did not even know how places throughout the country. women, and the challenges her to use condoms. I wanted to cry. union faces in doing so: Some people use the same Sister Juliana Mpanbuji, an condom 3 times, with 3 different inspiring COTWUT activist, was “We need to reach everyone – all people. So we can see what the trained by TUCTA’s peer education our members – and especially all problem is. And we need to reach and counselling program, and women. But we have financial more workers, to give the proper has since been instrumental in constraints. We want to reach as information. And we need more developing bipartite workplace many workers as possible, but people living with HIV/AIDS visit- policies. One major achievement we don’t have enough funds to ing workplaces, to take the time is the development and imple- speak to everyone. There are to talk with workers and answer mentation of a workplace policy people working at the grassroots their questions. That way people for the Tanzanian post office, who we are not able to support. can understand how serious the through which Sister Mpanbuji Women need to be empowered. problem is.”60 has helped promote and protect One major problem is that most the rights of all postal workers. women workers are not aware In her view, the most important of their rights or of the facts clauses of the workplace policies about HIV/AIDS. Women are not include the provision of antiretro- empowered, and we need to help viral medications (by the build their capacity to fight employer); equal protection of all against HIV/AIDS. workers against discrimination and job loss; equal access to HIV- related training and activities for people living with HIV/AIDS; and the inclusion of HIV/AIDS in all workplace education programs.

22 60 Interview with Ms. Juliana Mpanbuji, COTWUT-TUCTA, June 8, 2006. www.canadianlabour.ca

CASE STUDY 2 By 2002, the women’s committees began developing a partnership with the CLC, and had Empowering women workers expanded the project plan to address sexual harassment in conjunction with HIV/AIDS. After The second case study involves a collection an extended period of fundraising, the women’s of both Mozambican and Canadian partners, committees launched a nationwide workplace and allows for an interesting comparison with campaign against HIV/AIDS and gender-based TUCTA’s work. violence in 2004, in partnership with the CLC and In Mozambique, HIV/AIDS rates have been the development agency CUSO, and with the on a steady increase since 2001, reaching 16.1 % support of CIDA. This innovative project exemplifies among adults in 2005. As in most countries, women the spirit of linkages, and serves to strengthen are the most severely affected, making up an partnerships nationally (within Mozambique, within estimated 960,000 of the total 1,600,000 adults Canada), and internationally (between Mozambique currently living with HIV/AIDS.61 and Canada). It also builds on the expertise of Women’s heightened vulnerability to HIV/AIDS each implementing partner: the two labour centrals in Mozambique – like much of sub-Saharan Africa of Mozambique, OTM-CS and CONSILMO; the CLC – is grounded in sharp gender-based inequalities for senior technical assistance; and CUSO on the that affect women’s access to education, training, ground to directly support the project coordinators and employment; access to financial resources elected by the six women committees.64 Project and property; access to healthcare; ability to activities also draw on the participation of diverse exercise sexual and reproductive rights such as Mozambican players, including government, negotiating condom use; and inability to share the employers, national and international NGOs, burden of domestic responsibilities, including the HIV/AIDS associations, artists and the media. care of sick family members. This campaign also draws upon the commitment As early as 2001, an informal coalition of of both male and female unionists, and aims for women’s committees from six national unions came gender parity in an effort to understand gender, together to discuss strategies for fighting sexual and how deeply its construct shapes workers’ lives, harassment in the workplace. To add an original experiences, expectations, levels of privilege and twist to the initiative, the six unions were affiliated to types of vulnerability. Based on this knowledge, two different national trade union centres, however the campaign aims to help eliminate the inequalities their women’s committees had maintained good between women and men, and empower women working relationships.62 and men to better communicate, respect and At that time, none of the unions had a gender value one another within a shared understanding policy, or had made HIV/AIDS a priority. But even of equality. without workplace-based data to demonstrate the profound impact of sexual harassment on women workers in all sectors, the leaders based their claim on extensive consultation with workplace-level women’s committees and remained determined to find means of confronting the problem. As a result, they liaised with a Canadian development agency’s linkage program to develop a project plan and funding proposal.63

61 2006 Global Report on the HIV/AIDS Epidemic. p. 505-6. 62 Three of the unions belong to the Organization of Mozambican Workers – Trade Unions Centre (OTM-CS) and the three others are part of the National Confederation of Independent and Free Unions of Mozambique (CONSILMO). These are two distinct national trade union bodies to which different national unions are affiliated. The OTM-CS is an affiliate of the International Confederation of Free Trade Unions (ICFTU). 63 The CUSO-Mozambique Linkage Program has operated since 1988 through the work of volunteer cooperants, who are responsible for facilitating labour linkages and sharing information between Mozambique, Canada, and elsewhere in an international solidarity effort. Cooperants have also provided technical assistance to unions, as required, with such things as project proposals. 64 Sister Regina Fernando, representing the affiliates of the Organization of Mozambican Workers – Trade Union Centre (OTM-CS), and Sister Maria da Conceição Nhate for those from the National Confederation of Independent and Free Unions of Mozambique (CONSILMO). 23 Labour Fights AIDS

PLANNED ACTIONS CHALLENGES AND SUCCESSES

The project consists of three areas of activities Some of the challenges faced so far in over three years: union and workplace-level training; Mozambique include low levels of understanding broadened awareness raising in the workplace and about gender, and trade unionism generally, within the community; and HIV/AIDS and gender policy the labour movement. The fact that many unionists development for unions and workplaces. were challenged by the concepts of gender and It began in 2004 with a national seminar for sexual harassment was not a surprise to project union leadership addressing HIV/AIDS and gender coordinators, as those were key issues needing as a workplace issue, to ensure union leadership a forum for discussion. Contrary to expectations, were committed to supporting the women’s however, the peer educator training courses provided committees. Following, workers from all provinces, many workers with their first opportunity to learn representing each union, were trained as HIV/AIDS about their own unions, Mozambique’s labour and gender workplace peer educators. This took movement and the basic tenets of unionism. From place through three regional training courses negatives sprung positives, as the project provided involving a total of 110 unionists – 69 women and support to the unions in general shop-steward 41 men – encompassing shop-stewards, workplace training and reached unionists in remote provinces and national women’s committee members, and who may not have otherwise been involved. rank-and-file union members. Like in Tanzania, Another challenge was the scarcity of labour these courses helped build a cadre of strong expertise linking HIV/AIDS and gender, and guidance HIV/AIDS labour activists with a critical understand- from the coordinating team was needed to facilitate ing of gender, and improved skills for disseminating the trainers’ work. The coordinators themselves, HIV/AIDS and gender-related information at work- however, have gained increased HIV/AIDS and places and in unions; liaising with management gender expertise as a result; an outcome that will to establish workplace HIV/AIDS committees; and help strengthen their own leadership skills. understanding, defending and protecting the rights A third challenge and complementary solution of workers within a context of HIV/AIDS. Unlike involves how the method of training occurs in work- TUCTA, however, policies will not be developed places. This project focuses on sustainable HIV until 2007/2008, when awareness is higher. and gender workplace training and encourages As workplace HIV/AIDS focal points, these study circles and one-on-one informal conversations trained activists will be called upon in awareness- with co-workers. Following the training courses, raising activities to act as resources, as well as be many peer educators expressed concern that they available to help negotiate HIV/AIDS clauses into could not carry out awareness-raising activities due collective bargains. The campaign aims to capture to lack of funds. In response, the coordinating team the attention of wide audiences by holding theatre identified the need to re-emphasize the study circle performances in workplaces – inviting family and method, thereby continuing cost-free, sustainable community members – and launching public murals union education that can operate without depending depicting the joint issues of sexual harassment on either short-term project fund, or scarce and HIV/AIDS in the workplace. Finally, following union funds. a broad national conference on HIV/AIDS in the workplace and regional seminars on developing workplace HIV/AIDS and gender policies, the project will help develop and adopt policies in unions and strategic workplaces in its final year.

24 www.canadianlabour.ca

Bringing the Message Home, Together

Each of the women’s committees has been impressive. This signals Also, the growing relationship in the 6 participating Mozambican a change. People are no longer between our union leaders – unions elected a representative, saying that HIV doesn’t exist or between the labour centrals one for OTM-CS and one for that HIV is an invention of rich especially – has been an inspira- CONSILMO (the two national countries to create a market for tion to us. Before, the OTM-CS trade union centres), and together condoms. People are saying they and CONSILMO leaders were a they coordinate the project. must fight against HIV to save bit distant from one another, their own families. They are and didn’t have a way of talking Long-time labour activists Sisters feeling directly affected by it, together – especially in the Regina Fernando and Maria da and both men and women are provinces but also here in the Conceição Nhate describe what discussing the need for women Capital. But now, through this they feel is the most significant to negotiate safe sex and protect project, the Secretariats of each aspect of their HIV and themselves. Sex and gender are central are coming closer together gender work: being discussed openly, by men and getting to know one another “The commitment of the and women together, for the first better. We think this is positive activists [in this project] to really time. This is a major step in for the labour movement.”65 concentrate on the issues being addressing gender-based violence, discussed, and learn more about gender-based inequality, and HIV/AIDS and sexual harassment, HIV/AIDS.

65 Interview with Ms. Regina Fernando, OTM-CS and Ms. Maria da Conceição Nhate, CONSILMO, June 8, 2006 25 Labour Fights AIDS

CASE STUDY 3 In contrast to smaller Mozambican labour centrals, the NLC has almost 4 million members in Fighting to Save Lives: a country with an estimated 2.6 million people living Union strategies in Nigeria with HIV/AIDS – 3.9 % of the adult population.68 Reaching its target of 80 % of members, more The Nigeria Labour Congress (NLC) has partnered than 3 million people, is of strategic importance in with the Canadian Labour Congress, in conjunction fighting HIV/AIDS in Nigeria as a whole. The NCL, with the Communications, Energy and Paperworkers CLC, CEP and PSAC will work together at least until Union of Canada (CEP) and the Public Service 2007 to reach as many of these workers as possible Alliance of Canada (PSAC), to reach 80 % of through peer education, policies, access to members among its 29 affiliated industrial unions, counselling and treatment centres and/or protection and to reach its top priorities in the fight against from discrimination. HIV/AIDS. “The HIV/AIDS Project’s overall aim is to protect, defend and promote the rights, well-being and interests of all workers and trade union members ROBUST PARTNERSHIPS in relation to the HIV/AIDS pandemic. The primary goals of this project are to: 1) Contribute to national North-South HIV/AIDS prevention and control efforts; and The NLC’s HIV/AIDS work has many interesting 2) Mitigate the impact of HIV/AIDS on the workplace, components, one being the important roles workers and their families.”66 that ‘north-south’ and ‘south-south’ labour This project will also contribute to reaching partnerships play. some of the priorities identified by NLC’s represen- Sister Maureen Onyia, NLC’s lead staff person tative for HIV/AIDS, Sister Maureen Onyia: for HIV/AIDS, describes the relationship with • Implement the Nigeria national workplace Canadian labour partners as “a pure recognition policy and the NLC HIV/AIDS policy at of international solidarity”. She credits this joint proj- various workplaces; ect for “awakening the trade union leadership’s • Establish a voluntary counseling and treatment interest in HIV/AIDS; in contrast to their usual centre for workers who may have more approach to issues of HIV/AIDS, union leaders are confidence visiting an NLC-based centre than interested in knowing in where and how their different one run by the government or private sector; organizations can participate”. And consistent with • Campaign against stigma and discrimination the Canadian HIV/AIDS Labour Fund criteria, these and encourage all workers to know their status; funds fill a need for the NLC, which could not access the same financial support from its national • Assist in developing sector-specific HIV/AIDS AIDS commission (NACA). policies and programs, including peer One factor underlining the success of this education and access to voluntary counselling solidarity is the fact that Canadian partners were and treatment.67 approached by the NLC secretary general to support this project during the CLC’s Africa representative’s participation at an NLC schools evaluation conference. This demonstrates the NLC has acted on the initiative of top-level leadership, ensuring that involvement in internationally- sponsored HIV/AIDS work is carried out with the full political support of its leadership.

66 “Statement of Project (2005-2007)”, Appendix II of Agreement between the Canadian Labour Congress and the Nigeria Labour Congress, July 27, 2005. 67 Interview with Ms. Maureen Onyia, NLC Focal Point for HIV/AIDS and Occupational Health and Safety, June 5-12, 2006. 26 68 2006 Global Report on the HIV/AIDS Epidemic. p. 505-6. www.canadianlabour.ca

Finally the NLC HIV/AIDS policy, arguably the For improved south-south partnerships and union centre’s most significant contribution to the strengthened labour platforms, however, Sister fight against the pandemic in Nigeria, is directly Onyia believes in the need to establish a new related to good partnerships. At a 2005 pan-African summit70 for African unions that could help focus conference on AIDS held in Nigeria,69 the NLC was responses to HIV/AIDS in workplaces and negotiation “influenced towards adopting its own HIV/AIDS with employers. This would strengthen solidarity policy”. Shortly after, the NLC policy on AIDS, in among unions, and send a clear message to draft form for two years, was signed. Notably, NLC governments that trade unions are organized participation at the conference was supported by individually but work in collaboration, too. the CLC. In her view, one of the challenges facing the NLC’s HIV/AIDS action is to find a way of establishing such an African trade union summit on HIV/AIDS. South-South

This project has also created opportunities for exchanges of ideas between the NLC and its Ghanian, Tanzanian and – to a lesser extent, given the language barrier – Senegalese brothers and sisters. Union delegates from these three countries attended the 2005 ICASA conference and were part of the active NLC team. Their presentations at a roundtable sponsored by NLC enriched the discussion, leaving the audience with a positive feeling of what is happening at the workplace in Ghana and Tanzania, according to people present. These exchanges, initiated through a regional seminar sponsored by the Canadian Labour Congress held in Uganda four years before, have helped share strategies for negotiating with employers that are used in other countries and may be effective in Nigeria. Several south-south labour exchange programs have been facilitated by the NLC over a number of years, including capacity-building exchanges and invitations to labour partners from Ghana, Senegal, South Africa, Tanzania and Zimbabwe to attend twice-annual NLC trade union schools. In addition, the NLC and Ghana’s labour central signed a bilateral partnership agreement in 2003.

69 ICASA (International Conference on AIDS and STIs in Africa). 70 A first regional trade union conference on AIDS took place in Gaborone in 2001. 27 Labour Fights AIDS

Fighting Stigma and Discrimination

Sister Maureen Onyia is the NLC’s “I’ll share my experience with a refused to see people, starved lead staff person for HIV/AIDS, woman who found out she was herself. She had no children, but Health and Safety, and Child living with HIV/AIDS. had been living with two of her Labour. She enjoys a varied back- brother’s and sister’s children She was an informal sector ground that includes business who were sent home when worker who happened to see studies, international law and she discovered her status. She our banner hanging outside the diplomacy. She was up for the refused to return to her business, NLC office and came to our HIV challenge when her Secretary- and was afraid she would program in 2003. She came on General asked her to coordinate infect others. her own, not from any particular the NLC’s first HIV/AIDS program industrial sector union. I was She did become part of the sup- for workers following the 2000 her customer, which may port group (organized through ILO Geneva conference. have helped. the NLC), and sought treatment At that time, her knowledge for opportunistic diseases that At this event, she was offered of the epidemic was limited to she caught. But she died last testing, took advantage, and having been subjected to dis- August (2005), of liver problems, discovered that she was HIV+. criminatory compulsory testing after being in hospital for She said she’d take her life, for a U.S. entry visa in 1995. 8 months. since she would die anyway. Now, Sister Onyia is an in-house We must do more to fight stigma But I followed up, got counseling expert, trainer and advisor of and educate people so that they for her – found people who could high caliber. don’t stigmatize themselves. One assist (I also needed information) way is by simply showing kind- Having been involved in much – and tried to provide daily assis- ness to people seeking help or of the NLC’s HIV/AIDS workplace tance and encouragement. information about HIV. But we all action, she recounts one experi- The woman’s family did not need to do a lot more advocacy ence as having particular lessons desert her when she announced to fight stigma and discrimina- for HIV/AIDS activists: she was HIV+. In fact, the coun- tion around HIV/AIDS.”71 seling offered encouraged family members to attend sessions also. But she isolated herself. She closed down her business,

28 71 Interview with Ms. Maureen Onyia, NLC Focal Point for HIV/AIDS and Occupational Health and Safety, June 5-12, 2006. www.canadianlabour.ca

CASE STUDY 4 NUMSA has already made considerable progress in the fight against HIV/AIDS, including South-South Linkages: the development of its own excellent training mate- Learning from our Neighbours rials and in-house expertise. Because NUMSA had already worked in solidarity with Swazi unionists to As shown in this case study, south-south labour help amalgamate the country’s smaller unions, it linkages can be very effective within a single was suggested the existing SATU-NUMSA alliance region, and on a small scale, for sharing much- be expanded into the area of HIV/AIDS. needed expertise. This particular project has a lifespan of 3 years In the tiny Kingdom of Swaziland, SATU72 and focuses on training unionists about HIV/AIDS, (Swaziland Amalgamated Trade Unions) has begun with a particular focus on strategies for changing collaborating with a strong union from neighbouring behaviours that are based on deeply-entrenched South Africa, NUMSA (National Union of Metal socio-cultural practices. Workers). Since 2005, SATU has benefited from Training began in 2005 and was composed the HIV/AIDS experience and expertise of NUMSA. of five workshops. The first was for national union It, in turn, has expanded its own HIV/AIDS training leadership; the second and third were for shop into Swaziland, and helped administer the financial stewards trained as peer educators (95 in total); aspect of the partnership with the United and the fourth and fifth for activists re-trained as Steelworkers’ Canadian Humanity Fund. The HIV/AIDS trainers. The key facilitator came from Humanity Fund encourages Canadian workers NUMSA but worked with the assistance of Swazi to buy and proudly wear a Steelworker AIDS pin, trainers. SATU is also careful to collaborate with to pass the message on. Swazi NGOs working in HIV/AIDS, and associations for people living with HIV/AIDS, particularly in order to involve them in sessions where they can share some of their experiences and help members better understand the impact of HIV/AIDS on Zulu “love letters” peoples’ lives. Future project plans include carrying out Traditionally, a young Zulu woman made a pin shop steward-level training in workplaces, targeting with coloured beads to carry a message to the SATU membership and the community at large. man she had her eye on. Today, older women The unions also plan HIV/AIDS training in conjunction use traditional beadwork skills to make AIDS with health and safety issues, and estimate that pins. Sales of the pins generate income for 200 people will be involved in addition to shop caring for AIDS orphans. The pins carry the red stewards in each location. ribbon, the international message of solidarity SATU aims, ultimately, to incorporate HIV/AIDS clauses into collective agreements. It has also for those with HIV/AIDS. The pins are attached begun pressuring employers to collaborate in to a safety pin, representing the way in which developing HIV/AIDS workplace policies to workers these women are trying to hold together their living with HIV/AIDS, combat discrimination, ensure 73 torn and damaged families. there is confidential testing and encourage people to know their status. The leadership of SATU intends to significantly increase its involvement in the fight against HIV/AIDS, but recognizes the considerable challenges ahead.

72 Interview with Mr. Frank Mncina, Secretary General, Swaziland Amalgamated Trade Unions, June 9, 2006. 73 www.usw.ca/program/content/2071.php 29 Labour Fights AIDS

CULTURAL NORMS: Positive Role Models for Change?

Swaziland has one of the highest “In Swaziland, the cultural norm As much as you can help to HIV prevalence rates in the world, that allows, even encourages, empower and educate people, currently standing at 33.4 % of men to marry as many women changing ideas about cultural the total adult population. It is as possible is a major problem in norms is very difficult and will also a staunchly patriarchal the fight against HIV/AIDS. Swazi take quite some time. Many society, where polygamy for men women do not have the right to people believe strongly in those is not only condoned but also do certain things, and can’t norms. Even our union leaders expected. Swaziland’s king has refuse certain things. This makes practice polygamy!! We, in many wives and marries a new women more vulnerable to Swaziland, have no role models ‘young bride’ every year. HIV/AIDS. of people who are faithful to one partner. Brother Frank Mncina, SATU’s SATU aims at empowering Secretary General, is directly women to play leadership roles We believe that people can involved in the union’s HIV/AIDS in their communities. We need to change but that it will be a project with NUMSA and the ensure that women know their long struggle.” United Steelworkers. When asked rights! We therefore need to look what he felt was the biggest at cultural practices and assess challenge in the fight against their relevance in today’s society, HIV/AIDS, he did not hesitate especially the practice to answer: of polygamy.

30 www.canadianlabour.ca

CASE STUDY 5 Another key success is the way in which educators from the north have learned from the A South-to-North Learning Curve experience and expertise of educators from the south. This sharing is grounded in South Africa, This last snap-shot describes a HIV/AIDS labour from which teachers and students in Canada are program that is particularly intriguing in its capacity able to broaden understanding and analysis of to meet the needs of a diverse target audience – HIV/AIDS within a global context. Yet the learning secondary school teachers and students – in the is reciprocated by teachers and students in south and north: South Africa and Canada. South Africa, whose sharing has resulted in the The key motivation for this project was development of additional training materials, simple: “South African students need effective increased knowledge of the HIV/AIDS epidemic school-based prevention programs and Canadian from an international perspective and students need a higher level of awareness of the strengthened partnerships. (HIV/AIDS) pandemic”.74 Its two main players are SADTU, the South African Democratic Teachers’ Union, a multi-racial Strengths, Challenges, Lessons Learned teachers’ union with more than 230,000 members;75 and OSSTF, the Ontario Secondary School Similar to the other projects discussed, the Teachers’ Federation, a Canadian Labour Congress overarching challenge for SADTU in effectively affiliate with more than 50,000 members.76 fighting against HIV/AIDS involves insufficient Between 2004 and 2006, this OSSTF-SADTU funds. A key difficulty for OSSTF, conversely, is a partnership formed project teams; researched lack of training materials, low HIV/AIDS-awareness existing HIV/AIDS training materials and parallel levels, and uncertainty about how and where to training needs; and developed, tested, and revised introduce the topic into the classroom. The effective professional, and ‘classroom-ready’ HIV/AIDS sharing of expertise and resources through this materials. These came with supporting information project helps meet both needs. For David Mbetse, on how they could be used to meet the specific SADTU’s national HIV/AIDS coordinator, the curriculum requirements of secondary schools relationship has been like “hand and glove, authorities in Ontario and South Africa. Following developmental and solid”.77 this, they began evaluating the materials through feedback from students and teachers. One immediate success is the way in which broad-based and focused impacts are combined: the ‘Common Threads’ course materials are wide enough in scope to impact on teachers and students in both South Africa and Canada, and to be used in classes that range from sex education to sociology to world politics. They are also focused on the core subject matter and developed to such a professional and ‘ready-to-use’ stage that they are excellent teaching and learning tools, complete with lesson plans.

74 Interview with Dr. David Mbetse, SADTU HIV/AIDS Coordinator, June 5-8, 2006. 75 “Common Threads From Canada to South Africa: Combating AIDS Together.” Project proposal. OSSTF- FEÉSO, 2004. p. 10. 76 OSSTF-FEÉSO website. www.osstf.on.ca/. 77 Interview with Dr. David Mbetse, SADTU HIV/AIDS Coordinator, June 5-8, 2006. 31 Labour Fights AIDS

SOUTH AFRICA: Why Fight AIDS Through a Teachers’ Federation?

For educators in South Africa, Brother Mbetse emphasizes the This was my first experience HIV/AIDS is not an issue that importance of developing teach- of representing teachers at the can be ignored. HIV/AIDS does ing materials – like the Common Department of Education to fight continue to be, however, a highly Threads materials, in conjunction against HIV-related discrimination politicized, sensitive, and taboo with existing SADTU training in the workplace. I’ve since subject, difficult for teachers materials – and training teachers returned many times! But we and learners alike to address to use the materials, in order to were successful, in this case. The appropriately and discuss capacitate teachers themselves teacher was re-hired. And I was openly in classrooms. to address HIV/AIDS. then hired as SADTU’s HIV/AIDS coordinator. Now, we are better Due to long delays within the “The education department able to respond because we department of education, SADTU had been targeting learners have teachers trained in all the did not wait for government for HIV/AIDS awareness, using provinces who know how to approval to go ahead with teachers as merely vehicles for follow-up on cases of HIV/AIDS work. “For a union, disseminating information, but discrimination.” it’s very easy to reach our target not treating teachers as a target group without wading through group itself that needs proper The teacher herself has become bureaucracy,” according to education on how to prevent an example for others, and in Brother David Mbetse, SADTU’s and manage HIV/AIDS.” fact appears in the “Common HIV/AIDS coordinator. “As a Threads” DVD, demonstrating An integrated example of strong union, we must deliver services innovative approaches for community leadership and effec- to members. We are accountable teaching about prevention. tive HIV/AIDS education focuses to our members.” on SADTU’s early actions against SADTU has become a leader In 2004, 12.7 % of all teachers in HIV/AIDS and, in fact, its in the fight against HIV/AIDS, South Africa were HIV-positive. initiation into the fight against not only among educators, but SADTU encourages teachers to be the pandemic. among government officials as tested, openly declare their status well. Numerous ministries have “One teacher, a woman, and access counselling and test- approached SADTU for advice disclosed her HIV+ status to her ing. Their hope is to reach all on designing and running peer Principal. This was in 2000. Her members, while focusing on educator programs.78 Principal had no knowledge of those who are HIV-positive. how to respond, and so informed his immediate superior. The teacher was immediately discriminated against, and summarily dismissed.

32 78 Ibid. www.canadianlabour.ca

Cross-Border Lessons

There is considerable evidence In brief, the few concerns come • the materials should have on both sides of this partnership from the project’s primary focus treated issues of homophobia, that the Common Threads on HIV/AIDS as it affects South stigma and discrimination; and resource materials have been a Africa, and the minimal treatment • the materials should have success, and made a welcome of the epidemic within Canada’s included more Canadian voices. contribution to the fight borders. The root of this focus is against HIV/AIDS within the obvious: developing countries are In addition, the sections on education sector. much more severely affected by rights and freedoms could have HIV/AIDS than Canada. But the been more powerful for both In Canada, the OSSTF received assumption could use some South African and Canadian stu- many positive comments from re-thinking. dents had they treated Canada’s teachers: “This is admirable relationship with First Nations work”; “The project is helping As global citizens engaged in peoples and some of the similari- make important and much-needed solidarity actions, workers must ties drawn between apartheid change in the schools. True remain aware of our own place policies and the Indian Act, and development in action!”; “I think in the struggle, and be able to consequent human rights actions that every library in the province identify and respond to different in both countries. The video should have access to the priorities in different parts of in the education series lends Common Threads curriculum”; the world. Equally, we must be cursory treatment to this. “The word is out on how careful to remain aware of all wonderful it is!”. our respective starting points. These suggestions may help Without that critical base, we avoid externalizing problems As in all learning processes, react more than act, and we are as ‘happening elsewhere’, and however, some areas – or gaps – less able to form a cohesive provide tools for understanding have been highlighted for future picture of global actions. those problems within one’s own improvement, which are context. This process of ‘claiming important to note as Canadian Specifically, some teachers, in ownership’ and viewing oneself educators, workers, unions both Canada and South Africa, as part of the issue has been a become increasingly involved suggested that: crucial step in the fight against in solidarity HIV/AIDS work. • the materials should contain HIV/AIDS and is an important more information about lesson to remember.79 HIV/AIDS prevalence in Canada, the pandemic’s history in Canada, and what Canada is currently doing to combat it;

79 Ibid., and “Common Threads II: Final Activity Report.” OSSTF-FEÉSO, March 2006. 33 Labour Fights AIDS

Looking Forward As the CLC’s Africa representative, Marie-Hélène Bonin, has observed: Looking back allows for greater clarity in considering “Our support of labour partners gains great future steps. Although limited in scope, this review value in the very achievements of those partners, of five HIV-related labour projects provides food and in the increased pride unionists have for the for thought, leading to recommendations for important work they’ve accomplished for their trade unions: members. Through all our joint efforts – no matter • continue with and increase the inclusion of how modest – we can see that unionists who once HIV-related clauses in collective agreements felt overwhelmed and paralyzed by the sheer and policy development in workplaces – with brutality and apparent inevitability of the pandemic direct worker involvement and representation – have become more empowered and able to as well as in unions; help their people, and to effect change within • increase advocacy efforts, around laws and their countries. policies regarding HIV/AIDS as well as other Have we learned anything from that? Perhaps issues with direct socio-economic impact on this work has helped a growing number of us here vulnerability or resilience, including trade and in Canada, see that AIDS is a lot more than just a investment, and privatization of social services; major health crisis. Many Canadian unionists have • increase trade unions’ presence at national now recognized this pandemic as being a symptom levels, and particularly in tripartite bodies or of severe and numerous inequalities that can no other forms of broad national fora; longer be hidden, ignored, or simply ‘managed’. • continue to build and strengthen labour Our international work on HIV helps keep us partnerships, as well as partnerships between mindful of the crucial role unions must play in trade unions and NGOs, community-based addressing a whole range of urgent national and organizations, and other civil society global issues.” organizations. There are many encouraging elements to each of the projects examined and trade unions involved in the fight against HIV/AIDS can feel proud of their part in starting the actions underway. There are already signs that the work of different organizations is complementary, at a time when the global move- ment against HIV/AIDS is increasingly empowered. This lends strong credibility to the world’s capacity to enhance the fight against HIV/AIDS everywhere, both maximizing linkages and adapting approaches to meet sector, region, target group-specific needs, while remaining focused on the individual people making up the struggle.

34 www.canadianlabour.ca

Canadian Workers’ Funding Initiatives

Aside from these examples of International Development their families. Their co-opera- very direct international coopera- Agency (CIDA), has funded a tives' project helps to introduce tion among trade unions, some rural community project for the and grow more nutritious foods Canadian unions also donate past few years. Community so that they can stay healthier money to various organizations organizations are supported in longer. Working with the and projects that either address dealing with the many aspects University of Saskatchewan, HIV specifically or include an of HIV/AIDS, including improved CIDA and the Mozambique HIV component. nutrition, basic public health, Ministry of Health, the CAW-SJF support to orphans and also supports the ongoing This is the case with the CAW- micro-economic activities. training of a “barefoot nursing” Social Justice Fund (SJF) for network based in Massinga that instance, which supports a truck In Mozambique, the CAW-SJF helps provide for a public health drivers’ project in Sierra Leone, partners with OXFAM and the system in dire crisis. through the International Mozambique Peasants Union, Transportation Federation. in micro-economic projects that Other Canadian unions also Peer educators are trained in help the many women-headed make financial donations workshops for the drivers, their rural households affected by for humanitarian relief or families and communities on HIV/AIDS. Many women are left developmental purposes. the trucking routes. In Malawi, with the full responsibilities for the CAW-SJF, partnering with subsistence farming because Canadian Physicians for Aid and their husbands have gone to Relief (CPAR) and the Canadian find work or returned home with AIDS-related illnesses. Some women themselves now live with HIV and struggle to provide for

35 Labour Fights AIDS

36 www.canadianlabour.ca Chapter Three Workers’ Rights: HIV/AIDS and the Labour Movement Author: David Garmaise

This last chapter of the report describes how • Like other chronic illnesses, HIV/AIDS may unions have addressed HIV/AIDS in the Canadian affect the ability of a worker to continue workplace, starting with reinforcing why HIV/AIDS is performing the same job or to continue working a workplace issue. This is followed by a discussion or working the same hours. As a result, work- of actions taken by Canadian unions on HIV/AIDS places need to treat HIV/AIDS like any other and workers’ rights in the collective bargaining chronic illness. This includes making sure that process, and through the development of policies, there are workplace policies on accommodation, educational and advocacy materials, and the training or retraining when workers can continue grievance process. The section concludes with a working but require some modification to their brief description of initiatives taken by global union- duties; and that there are workplace policies related organizations on HIV/AIDS and workers’ rights. on termination, short- and long-term disability, Given the growing activism in the labour and pension entitlement for workers who can movement, it was not possible to survey all no longer work.80 Canadian unions with respect to their HIV/AIDS- • HIV/AIDS can be an episodic disability. related initiatives. Consequently, this chapter of the Workers may be able to come in and out of report does not attempt to provide an exhaustive the workforce. This necessitates consideration list of everything that Canadian unions are doing of issues such as medical leave, the right to in this area. Rather, it describes the kinds of return to work after taking disability leave, initiatives Canadian unions have undertaken and job rights and seniority. in a broader and representative sense. • In a minority of workplaces, there may be a risk that work practices can carry a risk of spreading HIV. This primarily includes the health care WHY HIV/AIDS IS A WORKPLACE ISSUE sector, but can also include transportation and HIV/AIDS has an ever-increasing impact on resource extraction industries, making it essen- Canadian workplaces, and unlike many diseases tial that such workplaces require policies to has its highest incidence among workers already in protect the health and safety of all workers. the workforce or about to enter it. This is magnified • Tragically, discrimination and stigma continue by the fact that many workers – both HIV-positive decades into the epidemic for people living and negative – have a family member or loved one with HIV/AIDS. Such stigma can be harsh, who is HIV-positive. particularly when coupled with homophobia. The following is a discussion of some Stigma and discrimination are powerful specific ways that HIV/AIDS can have an impact obstacles to workers’ willingness to get voluntary on the workplace: counselling and testing, to disclose their status if found to be HIV-positive; and to access care, treatment, support and reasonable accommo- dation once they become ill.

80 A number of the footnote references for collective bargaining language include a Negotech number, which refers to a searchable online labour relations database operated by the federal government. It is available at http://206.191.16.137/gol/main_e.shtml In Canada, many collective agreements and legal instruments dealing with HIV/AIDS in the workplace date from the 1980s, prior to the existence of ARV treatment. At the time, the main concern was to prevent transmission at work. As a result, few provisions were included for reasonable accommodation of workers living with HIV/AIDS because in most cases their health condition deteriorated quickly and they died. (The text of this footnote is taken from the HIV/AIDS section of The Prevention and Control of Infectious Diseases in the Workplace, a strategy paper: Strategy Paper, prepared by the CLC in 2005). 37 Labour Fights AIDS

As a consequence, there is a need for programs • Workers living with HIV/AIDS, especially if to educate workers about all aspects of HIV/AIDS. newly diagnosed, may need information on The workplace is an appropriate forum for where they can access counselling, support challenging prejudice and misinformation regarding and treatment, which means collective HIV/AIDS, particularly concerning stigma and agreements should ensure that employers discrimination that workers may encounter at home are providing appropriate referrals and or in the community. Workplace education programs compensatory time in such cases. have been shown to increase knowledge and • HIV/AIDS strikes family members of workers, reduce fear. In some workplaces, programs to meaning protection is needed for paid and/or educate clients/customers/students will also help unpaid leave for workers in order to care for to reduce the stigma associated with HIV/AIDS partners and family members living with and protect the rights of workers. HIV/AIDS. • Flowing from this stigma, there are instances in These cases provide some examples of which workers living with HIV/AIDS have been workplace-specific responses to the pandemic. discriminated against, but the labour move- But the labour movement’s contributions to beating ment has demonstrated success in reducing HIV/AIDS is broader as covered in other chapters. this discrimination. As with all discrimination, Workplaces play a vital role in the wider struggle this means that workplaces need policies to to limit the spread and effects of the HIV/AIDS protect workers against discrimination in the epidemic, and are ideal settings, not only for fighting workplace. Unions have a legal and ethical stigma and discrimination, but also for HIV preven- responsibility to defend workers from discrimi- tion. For many workers – particularly older workers nation regarding the terms and conditions or new Canadians – workplaces may be the only of employment. place for such efforts, and provide great possibilities • In a related challenge, employers may attempt for peer education and positive peer pressure to screen applicants for HIV/AIDS that requires towards behavioural change. vigorous opposition. Because workplace education has a spillover • Because of associated stigma with HIV/AIDS, effect at home, HIV/AIDS workplace programs workers living with the disease may be are among the best vehicles to educate workers’ concerned about keeping their HIV status families in an effort to break the cycle. Even the confidential. This requires workplace protection informal workplace is an ideal venue for outreach for the confidentiality of the status of an HIV- work among working people. positive worker. In rare cases, it may be Because of the nature of HIV disease, and appropriate to have a policy concerning when with the advent of antiretroviral therapies, most HIV- and to whom the HIV status of an HIV-positive positive workers with access to treatment are in worker can be revealed. good health and able to perform their jobs. Most workers living with HIV/AIDS have many years of • Workers living with HIV/AIDS are likely to face productive life with no significant disability, and significant costs for drugs and other services want to continue working as long as possible. not covered by provincial health insurance. Secure employment and fair working conditions are This requires comprehensive extended health important for maintaining the health and well-being care plans to provide adequate coverage for of workers living with HIV. HIV-positive workers.

38 www.canadianlabour.ca

ACTIONS TAKEN BY CANADIAN UNIONS ON • Unions have undertaken a number of initiatives HIV/AIDS AND WORKERS’ RIGHTS with respect to workers with disabilities’ rights, including: establishing committees and working The following are examples of the kinds of groups; integrating workers with disabilities initiatives that Canadian unions have taken to into union leadership ranks; organizing confer- address HIV/AIDS and workers’ rights issues: ences; launching advocacy campaigns; and • Unions have negotiated language in collective participating in efforts organized by other agreements specific to HIV/AIDS. groups concerned with people with disabilities. • Unions have adopted policies specifically The remainder of this chapter discusses these on HIV/AIDS. initiatives in more detail. • Unions have developed HIV-specific educational and advocacy materials • Unions have fought specific instances of dis- INITIATIVES SPECIFIC TO HIV/AIDS crimination directed at workers living with HIV. The initiatives listed above are specific to Collective Agreement Language HIV/AIDS, and are dealt with in greater detail short- ly. Many unions have chosen to deal with HIV/AIDS The number of Canadian collective agreements that in a broader context. These measures may include: contain language specific to HIV/AIDS is relatively the use of non-discrimination clauses that cover small, but some collective agreements contain numerous grounds of discrimination; initiatives that HIV-specific language on non-discrimination. What are designed to protect the rights of people with is probably the most comprehensive language on disabilities (HIV/AIDS has long been recognized by this topic can be found in the collective agreement Canadian courts, human rights tribunals and arbi- negotiated by a local of the Canadian Union of trators as a disability); and measures that protect Public Employees (CUPE) and the University the health and safety of workers with respect to all of Guelph: infectious diseases. The following are examples of The University of Guelph will not discriminate the kinds of initiatives Canadian unions have taken against any worker with AIDS or with a positive HIV to address HIV/AIDS and workers’ rights issues in antibody test. Particularly: (1) The University of this broader context: Guelph will not refuse admission to any qualified • Unions have included HIV/AIDS, both explicitly student with AIDS or a positive HIV antibody test. or implicitly, in collective agreement language (2) The University of Guelph will not refuse employ- covering non-discrimination, harassment, ment to any qualified applicant on the basis of disability and measures to protect the health AIDS or a positive HIV antibody test. (3) The and safety of workers. University of Guelph will make no attempt to identify carriers of HIV antibody or persons with AIDS by • Unions have included HIV/AIDS, explicitly questions, screening or other means.81 or implicitly, in policies on non-discrimination, harassment, disability and the need to protect A collective agreement between a CUPE local the health and safety of workers. and United Way of Greater Victoria states that • Unions have conducted studies and developed [n]o worker testing HIV positive shall be discrimi- educational and advocacy materials for union nated against or harassed in any manner. No officers and members on non-discrimination, worker who has a family member testing HIV harassment, privacy, disability and protecting positive or who has in any way been exposed to the health and safety of workers. the HIV virus shall be discriminated against or harassed in any manner.82

81 CUPE Local 3913 (Unit #1) and University of Guelph. Effective September 1, 2002. Negotech No. 1041205a. 82 CUPE Local 388 and the United Way of Greater Victoria. Effective January 1, 2005. 39 Labour Fights AIDS

Another collective agreement between a CUPE Union Policies local and Trent University states that “[t]here will be no mandatory testing or screening of students, As was the case with collective agreement language, faculty or staff for HIV infection (including AIDS)” the number of union policies that contain specific and that the university “will not tolerate discrimination language on HIV/AIDS is relatively small. against any visitor, student, faculty or staff member One very early example was adopted by the who has AIDS or tests positively for the HIV anti- Canadian Airlines Flight Attendants Association body.”83 That same collective agreement states that (CALFAA; now part of CUPE) in 1985. In that policy students, faculty members and staff living with HIV statement, among other things, CALFAA: are encouraged to perform their regular duties as • undertook to educate its staff, leadership long as they are able to do so. and membership about HIV/AIDS and urged A collective agreement between the National employers to develop similar programs; Automobile, Aerospace, Transportation and • opposed any discriminatory practices related General Workers Union of Canada (CAW) and to HIV/AIDS, such as HIV testing, employment Sterling Trucks makes a specific reference to the restrictions, forced leave of absence or sick duty to accommodate: “If [the] fitness for work is leave, and medical and insurance coverage; affected by HIV or AIDS, the Company will make and reasonable efforts to adjust work requirements to • undertook to maintain strict confidentiality accommodate their particular needs.” 84 concerning a member’s HIV status. The CUPE-Trent University collective agree- ment states that medical information concerning In 1990, the Canadian Labour Congress workers or students who test HIV-positive “will be adopted a policy statement on AIDS in the work- 87 treated with the strictest confidence” and that “[a]ll place. Its goal was to prevent HIV infection in the cases related to the AIDS virus on campus will be workplace “while protecting the rights of workers handled in a confidential manner, with strict ‘need- and public, with whom we come into contact.” to-know’ restrictions for access to the information.” 85 The statement said the best means to prevent the Some collective agreements require the spread of HIV was “education combined with rea- employer to develop educational campaigns on sonable precautions,” and called for employers to HIV/AIDS. The CUPE-Trent agreement states that in adopt workplace HIV/AIDS programs that contain order to keep the community informed, and to mini- three main elements: education program; a mize misunderstandings concerning the spread of non-discriminatory HIV/AIDS policy; and a control the disease, “[t]he university will continue to develop program that eliminates exposure to blood and educational programs about AIDS for students bodily fluids. and workers.”86 It also called for HIV/AIDS to be treated in the “general context of protection against infectious diseases,” and that unions and employers should jointly develop guidelines on AIDS in the workplace, including: • development of safe working practices; • a procedure for education and information on safe working practices; • provision by the employer of appropriate pro- tective clothing, equipment and installations; • confidentiality for workers who are HIV-positive;

83 CUPE Local 3908 (Unit #1) and Trent University. Effective September 1, 2004. Negotech No. 1103005a. 84 CAW and Sterling Trucks. Effective March 9, 2003. Negotech No. 1305901a. 85 Supra, note 2. 86 Ibid. 40 87 CLC National Policy Statement on AIDS in the Workplace. Adopted May 1990. Corrected October 1990. www.canadianlabour.ca

• development of protocols for the provision In the 1990s, The Public Service Alliance of of services and care to workers who are Canada (PSAC) adopted a Policy on HIV/AIDS HIV-positive; that stated:89 • a prohibition against mandatory HIV testing • that all workers have the right to full and in the workplace, as well as the use of ongoing education concerning HIV and AIDS; pre-employment HIV testing; and • that workers who may be exposed to HIV • the assurance that anyone who volunteers to because their duties could bring them in take an HIV test will receive pre- and post-test contact with contaminated blood or blood counselling, and have his/her job security, products have the right to specialized education; income security and confidentiality guaranteed. that such education should incorporate infor- In 1993, the board of the Communications, mation about prevention and infection control Energy and Paperworkers Union of Canada (CEP) guidelines, including the concept of universal adopted a policy on AIDS88 that included: precautions; and that workers in this situation must be provided with the necessary protective • that workers have a right to a clean, healthy clothing and equipment and trained how to and safe workplace; and that employers are use it; responsible for ensuring necessary precautions are taken in any workplace where blood or blood • that the PSAC opposes all mandatory, universal, products are part of the work environment; pre-employment and employment HIV and AIDS testing, except when the Canadian • union locals should use films on AIDS and a Human Rights Commission has identified a CEP pamphlet on AIDS to conduct member- bona fide occupational requirement for testing; ship education and prepare presentations to employers; • that workers living with HIV have the right to continue working; that as with any worker with • that persons who have tested HIV-positive a disability, they have the right to reasonable should be treated “with the same confidentiality changes in their working arrangements, if nec- and understanding” that would be accorded essary, to accommodate their illness; and that to any other person whose health has those who are unable to work must be entitled been affected; to full benefits and union protection; • that there is no reason to quarantine people • that the PSAC is unequivocally opposed to living with HIV; segregation or quarantining of persons living • that regular sick leave as provided in the with HIV; and collective agreement should be reviewed in • that workers living with HIV must be provided regards to chronic and long-term illness; and the right to privacy in the disclosure of their that the review should ensure as much as pos- medical status; that there must be no obligation sible has been done to provide for sick-leave to inform the employer or union officials of coverage for workers who may become ill at a the worker’s HIV status; but that, where the later date as a result of being HIV-positive; and employer or union officials have been • that there should be no mandatory or informed, they have an obligation to pre-employment testing of workers. maintain confidentiality.

88 CEP. Policy 908. April 1, 1993. 89 PSAC. Policy 28A. Undated. 41 Labour Fights AIDS

The policy statement identified a series of • Workers must not be denied work because they activities the PSAC planned to undertake to ensure have, or are believed to have, HIV infection. that the policy’s principles were implemented. • There must be no discrimination against an The activities included: worker in matters of hiring, pay, training, • the PSAC will continue to develop and provide promotion, transfer, lay off, recall or any other educational materials on AIDS and HIV and terms and conditions of employment because ensure that these materials are readily available they have, are suspected to have, HIV or AIDS. on union courses and through the • Employers and unions have the legal duty to regional offices; accommodate workers with disabilities. • the PSAC will encourage and assist locals and • Paid sick leave provisions must be adequate components to offer AIDS awareness sessions to cover situations both where a worker living specifically tailored to their membership; with HIV is unable to work for short periods • through joint consultation, the PSAC will pressure of time and where a worker is absent for Treasury Board and other employers to ensure extended periods. that all AIDS and HIV guidelines are jointly • Extended health benefits plans should cover developed, implemented and disseminated; the full cost of HIV drugs. • through collective bargaining, consultation, • Life insurance benefits should offer “living benefits,” and the national joint council, the PSAC will an option for terminally ill policy holders to ensure that workers testing HIV-positive are receive a pay out in advance on their policies. protected by all existing health benefits, and • Pension plans should include disability pensions. that special accommodations that may be required are fully provided; and that the right to • Family, bereavement and compassionate confidentiality and privacy is maintained; and leaves must be expanded to meet the unique leave requirements associated with HIV/AIDS. • for those working in a workplace where expo- sure is possible, the PSAC will ensure that the • In occupations where exposure to blood employer and union develop and implement and body fluids is likely to occur, employers universal precautions guidelines, infection should institute infection control programs, control guidelines and safe working practices; providing the necessary clothing and devices and that the employer makes appropriate to prevent exposure. protective clothing and equipment available. • Workers living with HIV should have access At its 1995 national convention, CUPE adopted to counselling and referral services. a policy statement on HIV/AIDS. The statement • Education and support services should respect contained the following guidelines for use in the confidentiality of personal information and collective bargaining: the right of workers with HIV to privacy. • Information about an worker’s HIV status is The policy statement also contained an action not relevant to the workplace, and should not plan that committed the union to inform workers be collected, used, disclosed or retained. living with HIV about the protections and benefits • The employer should not be permitted to available to them through the collective agreement; discriminate with respect to any terms and support members in enforcing these rights; develop conditions of employment on the grounds educational activities and train staff and members of disability. to raise awareness on HIV/AIDS; and develop ways to support workers living with HIV as well as their loved ones and co-workers.

42 www.canadianlabour.ca

Education and Advocacy Materials to further elaborate on the specific challenges posed by HIV/AIDS in the health sector. As an Several unions and central labour bodies have example, it may be necessary to offer HIV testing developed educational and advocacy materials of health-care workers before and during allocation related to HIV/AIDS, which are key components to to areas of high risk to themselves, such as prevention and combating stigma and discrimination. multi-drug-resistant tuberculosis (MDR TB) wards. Early in the epidemic, in 1988, the Canadian The new HIV/AIDS practices in health service Labour Congress produced a curriculum for a settings may, once again, be useful to controlling three-hour education course on AIDS and the the spread and mitigating the impact of other 90 workplace. Its curriculum consisted of a quiz on communicable diseases. HIV/AIDS; a series of case studies on HIV testing; The paper also states that all HIV testing, an exercise on policies to deal with HIV/AIDS in the including for health workers, should be provided workplace; epidemiological information on AIDS; on the basis of informed consent, and should be information on the implications of AIDS for different accompanied by counselling. As well, the results types of workers; a list of relevant resources and should be kept strictly confidential. sources of information on AIDS; a discussion of The paper mentions the case of a surgeon at a AIDS, health and safety law; information on the HIV children’s hospital who died of AIDS in 2004, and test; a discussion of AIDS and employment rights; cites the recommendations of an inquiry conducted and information on some of the early policies on by the Quebec Medical Association (Collège des AIDS adopted by unions in Canada. médecins du Québec) concerning how similar In 1997, CUPE produced an information kit on cases should be handled. HIV/AIDS and workplace issues.91 The kit consisted of a summary of the contents, an overview paper and detailed information presented in nine subject areas Instances of Discrimination that included areas as diverse as workplace and government policies; education; health and safety, Canadian unions have been active in using the and testing; pensions and benefits; and privacy. grievance procedure to fight individual cases of An article currently on the website of the discrimination against workers living with HIV. There United Steelworkers (USW) on gay, lesbian, bisexual are two examples of cases decided by arbitrators. and transgendered issues also contains some In Pacific Western Airlines Ltd v Canadian Air information on HIV/AIDS.92 Among other things, it Line Flight Attendants Association, the calls for coverage for HIV/AIDS medications in drug Arbitration Board held in 1988 that dismissing plans; preventing harassment and discrimination a flight attendant from his job on the basis of of workers living with HIV; measures to educate his HIV status amounted to prohibited people about HIV/AIDS; and measures to ensure discrimination.94 that affected workers receive counselling and support. In July 2005, the Canadian Labour Congress In Centre d’accueil Sainte-Domitille v Union produced a strategy paper on infectious diseases des employés de services, local 298 (FTQ), in the workplace; the paper includes a section on the arbitrator ruled that an employer does not HIV/AIDS.93 The paper states that though the risk of have the right to require a medical examination HIV transmission for health care workers is limited, where the purpose is merely to obtain evidence and is almost exclusively related to needle stick that the worker is HIV-positive, when that status 95 injury, it is nevertheless important: poses no danger to others.

90 CLC. AIDS and the Workplace. April 1988. 91 CUPE. Information Kit: AIDS/HIV and the Workplace. 1997. 92 USW. Pride at Work, Pride in the Union: Steelworkers on Gay, Lesbian, Bisexual and Transgendered Issues. Available at www.usw.ca/program/content/1973.php 93 CLC. The Prevention and Control of Infectious Diseases in the Workplace: Strategy Paper. Department of Health, Safety and Environment. December 2005. 94 (1987), 28 LAC (3d) 291 (Canada Labour Arbitration Board). 95 [1989] TA 439 (Tribunal d’Arbitrage). 43 Labour Fights AIDS

BROADER INITIATIVES The parties agree to establish a Provincial Disability & Reintegration Committee consisting of Collective Agreement Language two (2) Union representatives (one from Local 1518 and one from Local 2000) and two (2) Employer HIV/AIDS is often included as a prohibited ground representatives ... The Committee shall meet of discrimination in non-discrimination clauses monthly to: negotiated in collective agreements. The following is an example of one such clause: (a) Review and recommend rules and guidelines for temporary modified duty programs. The Employer and the Union agree that there shall be no discrimination, interference, restriction, (b) Discuss a light or modified duties job inventory. coercion, or harassment exercised or practised (c) Establish and develop policies regarding in any matter concerning the application of the permanent accommodations. provisions of this Agreement by reason of age, race, (d) Discuss and resolve issues concerning creed, colour, national origin, language of origin, unresolved modified return to work programs ethnic origin, ancestry, citizenship, religious or (i.e. a worker has failed in multiple attempts at political affiliation or belief, sex, gender, marital or returning on a gradual or modified program). parental status, number of dependants, Acquired Immune Deficiency Syndrome (AIDS), AIDS-related (e) Keep abreast of continuing jurisprudence on illness, positive Human Immune Deficiency Virus “Duty to Accommodate”. It is acknowledged (HIV) test, sexual orientation, gender orientation, that the Employer, the Union and the workers all personal appearance, mode of dress, place of have a responsibility to accommodate disabled residence, academic school of thought, record of workers who return to work, but must rely on offences unless the worker’s record of offences is objective, not subjective, medial information a reasonable and bona fide qualification because concerning the specific needs of each 97 of the nature of employment, physical disability individual. provided that such disability does not clearly And the following is an example of a disability prevent the carrying out of the required duties clause, negotiated by the Service Employees nor by reason of the worker’s non-membership, International Union (SEIU), that deals with the duty membership or activity in the Union.96 to accommodate: Of course, many non-discrimination clauses The parties recognise that the Manitoba in collective agreements include “disability” as a Human Rights Code establishes a Reasonable prohibited ground of discrimination; such clauses Accommodation requirement to the point of undue automatically cover HIV/AIDS because, as indicated hardship, in order to accommodate the special above, courts, tribunals and arbitrators have ruled needs of any person or group where those needs that HIV/AIDS should be considered a disability. are based on the protected characteristics as set The following, negotiated by the United Food and out in the Manitoba Human Rights Code. The Commercial Workers Union, is an example of a Employer and the Union are committed to disability clause that deals with the right to return Reasonable Accommodation in a manner that to work: respects the dignity of the worker. Reasonable accommodation is the shared responsibility of the worker(s), the Employer and the Union. Where a need has been identified, the parties will meet to investigate and identify the feasibility of accommo- dation that is substantial, meaningful and reasonable to the point of undue hardship. Where necessary, relevant provisions of the Collective Agreement may, by mutual agreement between the Union and the Employer be waived …98

96 CUPE (Local 3903) and University of Toronto. Effective September 1, 2001. Negotech No. 0526809a. 97 United Food & Commercial Workers Union Local 1518 and 2000, and Canada, Safeway Limited. Effective November 16, 1997. Negotech No. 0427607a. 98 Service Employees’ International Union, Local 600 and Norman Regional Health Authority. As cited in CLC. The More We Get Together: Disability Rights and 44 Collective Bargaining Manual. Undated. www.canadianlabour.ca

Similarly, any clauses dealing with protection • equal treatment and opportunity in employment against infectious diseases, or with measures to for all people with disabilities; and ensure occupational health and safety generally, • adequate financial support for members who can be read to include HIV/AIDS. cannot work because of their disability. The policy commits the USW to taking certain actions, including developing a booklet for union Union Policies activists and bargaining committees on negotiating There are numerous union policies on non- and using the duty to accommodate, return to work discrimination, harassment, disability and the need policies, and health and safety protections. 100 to protect the health and safety of workers. Two The PSAC’s policy on infectious diseases such examples are below. contains a list of 11 steps that employers need to In its policy on disability rights,99 the United undertake in workplaces where there is a potential Steelworkers (USW) calls for, among other things: risk of the spread of infectious diseases. It also includes an 11-step action plan for implementing • recognition that all people with disabilities the policy. who want to work should be accommodated by the employer;

Educational and Advocacy Materials

One prominent example of the accommodate. The manual also In 2004, CUPE produced a many educational and advocacy provides examples of contract bargaining tool on equality issues, materials developed by Canadian language, checklists for negotia- which included separate sections unions on non-discrimination, tors to use for the duty to on discrimination, the duty to harassment, disability rights and accommodate, return to work, accommodate, and harassment the protection of worker health job rights and seniority; and and violence.103 Each section and safety is the collective employment equity and privacy. provides examples of collective bargaining manual on disability bargaining language. The manual is part of the CLC’s rights produced by the Canadian MORE campaign (Mobilize, Labour Congress a few years Organize, Respect and Educate ago.101 It provides information on around disability issues), and who people with disabilities are, in 2003 it issued a series of describes what Canadian unions recommended actions, including are doing on disability issues tackling discrimination and and discusses the duty to promoting the duty to accommodate workers.102

99 USW. Opening Doors: Steelworkers’ Policy on Disability Rights. Available at www.steelworkers-metallos.ca/program/content/1974.php 100 PSAC. Policy 28B (amended 1997). Available via www.psac-afpc.org/about/policies/policy-e.shtml 101 CLC. The MORE We Get Together: Disability Rights and Collective Bargaining Manual. Undated. Available via http://canadianlabour.ca/index.php/more_campaign 102 Available via http://canadianlabour.ca/index.php/more_campaign 103 CUPE. Bargaining Equality: A Workplace for All. 2004. Available via www.cupe.ca/www/bargeq 45 Labour Fights AIDS

These actions were complemented by other INITIATIVES BY GLOBAL UNION-RELATED initiatives taken by Canadian unions with respect to ORGANIZATIONS ON HIV/AIDS disability rights: AND WORKERS’ RIGHTS • In 1994, the CLC established the disability The International Labour Organization (ILO), the rights working group to assist affiliates in International Confederation of Free Trade Unions integrating workers with disabilities into the (ICFTU), and Public Services International (PSI) Canadian labour movement. have all addressed the issue of HIV/AIDS in the • In 1999, the CLC created the position of context of workers’ rights. vice-president (persons with disabilities) on its executive council. • In 2001, the CLC disability rights working International Labour Organization group launched the MORE campaign. The campaign asked affiliates to find ways they The International Labour Organization is a UN can do MORE to get work working better for specialized agency tasked to promote social people with disabilities.104 justice and internationally recognized human and labour rights. In 2001, it produced a seminal docu- • In 2002, the CLC organized the first national ment on HIV/AIDS, entitled An ILO Code of Practice disability rights conference, with a second on HIV/AIDS and the World of Work.105 It provides a in 2004. basis for unions’ work in preventing and managing • Last March, representatives of the CLC and the impact of HIV/AIDS in the world of work, caring PSAC participated in a national summit for for affected workers and combatting stigma and episodic disabilities convened by the discrimination on the basis of real or perceived Canadian Working Group on HIV and HIV status. Rehabilitation. The Code of Practice also outlines key Over the years, the CLC has also produced principles to guide workplace policy on HIV/AIDS, a number of papers on disability issues, including: which include: • HIV/AIDS should be treated like any other H Echenberg. Income Security and Support serious illness or condition in the workplace. for Persons with Disabilities: Future Directions. • Workplaces have a role to play in the wider Research Paper #14. December 1998. struggle to limit the spread and effects of C Wiggins. Disability Provisions in Collective the epidemic. Agreements in Canada. Prepared for the • There should be no discrimination of workers st 1 National Disability Rights Conference, on the basis of real or perceived HIV status. November 2000. • More equal gender relations and the empower- H Echenberg. Economic and Social ment of women are vital to prevent the spread Participation: Income and Other Supports for of HIV infection and enable women to cope People with Disabilities. Presented to the CLC with HIV/AIDS. for the 1st National Disability Rights • The work environment should be healthy and Conference, November 2000. safe in order to prevent transmission. • The successful implementation of an HIV/AIDS policy and program requires cooperation and trust between employers, workers and their representatives and government, with the active involvement of workers infected and affected by HIV/AIDS.

104 For more on the MORE Campaign, see http://canadianlabour.ca/index.php/more_campaign 46 105 Available via www.ilo.org/public/english/protection/trav/aids/code/codemain.htm www.canadianlabour.ca

• HIV/AIDS screening should not be required International Confederation of Free Trade Unions of job applicants or workers. The ICFTU is a confederation of national labour • There is no justification for asking job centrals, and at its 2000 Congress adopted a reso- applicants or workers to disclose HIV-related lution on HIV/AIDS.108 The resolution says that the information, or obliging co-workers to reveal workplace, in both the formal and informal sectors, such information about fellow workers. is “one of the most important and effective points • HIV infection is not a cause for termination in tackling the disastrous effects of the HIV/AIDS of employment. pandemic.” It calls on ICFTU affiliates to engage • Workplaces are excellent venues for the their governments and employers to strengthen promotion of prevention, particularly in health and safety programs; eliminate the stigma changing attitudes and behaviours through and discrimination attached to HIV/AIDS; maintain the provision of information and education. HIV/AIDS affected workers in social protection • All workers, including workers with HIV and systems; and to develop social and labour their dependents, are entitled to affordable programmes that mitigate the effects of HIV/AIDS. health services. At its 2004 Congress, the ICFTU adopted another resolution on HIV/AIDS109 that highlighted The code of practice also describes the rights “the varied forms of discrimination and victimisation and responsibilities of governments, employers and of workers surfering from HIV and AIDS, including workers and their organizations with respect to many cases of workers being discriminated against implementing these principles. The ILO has also for social protection and retirement benefits …” developed a manual on how to implement its code and calls for workplace programs to combat of practice.106 discrimination and encourage awareness. In 2005, in conjunction with the World Health The resolution calls on ICFTU partners and Organization (WHO), the ILO published the Joint affiliates to: ILO/WHO Guidelines on Health Services and HIV/AIDS.107 This was developed to assist health • raise HIV/AIDS to greater prominence on the services in building capacity to provide their workers trade union agenda; with a safe working environment, as the most • support trade union action against HIV/AIDS, effective way to reduce transmission of HIV and with particular emphasis on collective other illnesses while ensuring effective care bargaining, the use of education materials, that respects the needs and rights of patients, and promotion of the ILO Code of Practice; especially those living with HIV. • encourage unions to include HIV/AIDS in their The key recommendations of the WHO-ILO trade union education programs; report was social dialogue and cooperation, and • engage employers’ organizations in joint efforts it outlined specific roles for legislators, employers to combat HIV/AIDS; and and trade unions. It covers many relevant issues, specifically those affecting the health care sector • encourage unions to address the gender such as the management of exposure indicidents; dimensions of HIV/AIDS, and the special as well as broader concerns including the need for needs and rights of women, young people, education, workplace health and safety, and the migrants, refugees and gay men. need for research and development.

106 ILO. Implementing the ILO Code of Practice on HIV/AIDS and the World of Work: An Education and Training Manual. Available via www.ilo.org/public/english/protection/trav/aids/code/languages/index.htm 107 Available via www.who.int/hiv/pub/prev_care/healthservices/en/index.html 108 ICFTU. Fighting AIDS. Resolution. ICFTU 17th World Congress. 2000. Available via www.icftu.org/displaydocument.asp?Index=991209296&Language=EN 109 ICFTU. Fighting HIV/AIDS. Resolution. ICFTU 18th World Congress. 2004. Available at http://congress.icftu.org/displaydocument.asp?Index=991220325&Language=EN 47 Labour Fights AIDS

In 2003, the ICFTU and the International The PSI policy statement contained a specific Organisation of Employers jointly issued a statement strategy for health workers. The strategy called for: 110 on fighting HIV/AIDS. The statement stressed the • strengthening the public health sector in the critical added value of labour-management cooper- face of HIV/AIDS by increasing financing for ation to combat the spread of the epidemic, which health services; working for wage fairness is covered in other chapters, and calls on members for health workers as well as decent working of both organizations to accord HIV/AIDS the “highest conditions; and proper training for workers to priority” while citing the ILO’s Code of Practice as a mitigate transmission as well as support for “sound basis for workplace partnerships.” HIV-positive workers. • negotiating worker involvement in blood-borne exposure prevention and control on joint Public Services International labour-management needlestick prevention Public Services International is the global union committees with the authority to negotiate the federation for public sector trade unions, including products and availability of same to protect seven million health workers. It has become a health care workers (including safer needle leader in campaigning for strengthening health devices, basic equipment and protective systems, protecting workers and developing clothing, and simple agents such as bleach workplace policies. In 2004, PSI produced a to minimize transmission risk); and policy statement on HIV/AIDS111 that focused • negotiating for availability of post-exposure on governments as employers. It urged they: prophylaxis and compensation protection for • upgrade policies on human resource manage- workers’ infected with HIV and other blood- ment and ensure public sector workers receive borne pathogens from occupational exposure. fair wages, decent working conditions, and Public Services International’s strategy is just proper safety and health training, including one example of the positive role played by global education on HIV transmission and prevention; union federations in tackling HIV/AIDS and which • develop workplace policies based on the ILO influence the actions of Canadian unions in Code of Practice, which cover workers’ rights, protecting workers’ rights. employment protection, gender equality, access to benefits; and • implement programs for workers and their fam- ilies that include prevention through education, gender-awareness programs, and practical support for behaviour change.

110 ICFTU and IOE. Fighting HIV/AIDS Together: A Programme for Future Engagement. 2003. Available at www.icftu.org/www/pdf//hiv-aids-ioe-icftu-decl-2003en.pdf 111 PSI. PSI Policy: Responding to HIV/AIDS. December 2004. 48 Available via www.world-psi.org/TemplateEn.cfm?Section=Health2&Template=/TaggedPage/TaggedPageDisplay.cfm&TPLID=115&ContentID=12005 www.canadianlabour.ca

Building on our Strengths In addition, with the advent of antiretroviral therapies, some workers living with HIV previously Since the epidemic’s early days, Canadian on long-term disability may wish to to return to unions have recognized the need for a workplace work, which leads to HIV-AIDS being seen as an response that balances the need to protect against episodic disability. Unions must ensure that collec- HIV transmission with the need to protect the rights tive agreements and union policies adequately deal of HIV-positive workers. As more information became with these issues, and be prepared to initiate new available on HIV transmission, unions concluded workplace responses to new emerging diseases, that specific measures to prevent workplace spread perhaps including SARS and the avian flu. were required only in a minority of workplaces where Unions may also wish, in future, to map out there is a real risk of transmission. Unions were and compare legal provisions provided by provincial also quick to recognize the need for educational labour and human rights legislation, regulation and programs in the workplace to both prevent practice. Further study of these provisions may transmission and also reduce the stigma and indicate the need for future advocacy and policy discrimination of HIV/AIDS. work directed to these areas of provincial jurisdic- One of the strengths of the response in the tions. This area offers the potential for unions to workplace has been unions’ actions to ensure that work collaboratively with civil society partners, collective agreements contain clear language on including community AIDS activists and NGOs the human rights issues, including those related in advancing the rights of all workers. to HIV/AIDS. Realities and threats to workers change Unions can build on these strengths to ensure with time, and unions must remain flexible and that policies and practices keep pace with new committed to ensuring workplace response challenges of HIV/AIDS in Canada, which is changes with them. changing. HIV/AIDS is increasingly affecting women, Aboriginal people and people arriving from countries with high rates of HIV infection. Unions should evaluate whether this changing epidemiology requires new approaches in the workplace. As well, unions must remain vigilant to ensure adequate measures exist to protect workers in workplaces where workers may come into contact with blood or blood products.

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