Court case highlights workers rights

In a landmark case in Namibia, 22 hotel workers are taking their employer and a doctor to court for allegedly testing them for HIV without their informed consent.



In February 2000, the owner of Oshakati Country Lodge in northern Namibia hired a doctor to conduct HIV tests on all the lodge's employees. Those who asked about the nature of the test were told it was for general hygiene.



According to the lawyer handling the case, Linda Dumba Chikalu, of the AIDS Law Unit in the Legal Assistance Centre (LAC) in Windhoek, the capital, the test results were displayed on notice boards in the lodge's kitchen and reception area.



Those who tested HIV positive were still not told what they had been tested for, but listed only as "reactive" and advised to see a doctor.



The LAC is seeking monetary compensation for the emotional trauma experienced by the 22 employees, on the basis that the lodge owner and doctor violated the workers' rights to privacy and dignity, as guaranteed by the country's constitution.



Chikalu told IRIN/PlusNews she was confidant about the outcome of the case, which she predicted would set an important precedent. "I foresee ... employers' attitudes towards employees will change; they'll start respecting people's rights and respecting their dignity."



The case will be heard by the High Court in Windhoek between 20 and 30 July.



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