The Ghana AIDS Commission (GAC) has expressed concern that disqualifying job applicants solely because of their HIV status could violate the Ghana AIDS Commission Act, 2016 (Act 938).
Speaking on Joy FM’s Midday News on Wednesday, July 8, the Commission’s Director of Policy Planning, John Eliasu Mahama, said the law prohibits employers from denying individuals employment on the basis of their HIV status, except under narrowly defined circumstances.
Citing Section 32 of Act 938, Mr Mahama explained that an employer may only refuse employment if they can demonstrate that the position specifically requires an individual to be in a particular state of health or medical or clinical condition.
“The HIV status of a person shall not constitute a reason to refuse employment to that person, except where an employer can show that the employment in question requires that the employee must be in a particular state of health or medical or clinical condition,” he said.
His comments come amid public debate following reports that some applicants in a recent security services recruitment exercise may have been disqualified after testing positive for HIV during mandatory medical screening.
Interior Minister Muntaka Mohammed-Mubarak disclosed that approximately 1,300 applicants tested positive for HIV during the recruitment process. He said the government decided not to send individual medical results directly to unsuccessful applicants. Instead, affected persons were provided with contact information to voluntarily seek counselling, receive additional information, and access appropriate healthcare in line with international health guidelines.
Mr Mahama stressed that advances in medical science have fundamentally changed the management of HIV and should be reflected in employment and recruitment policies, including those governing security agencies.
He noted that many restrictions were introduced at a time when effective HIV treatment was unavailable. However, the widespread availability of antiretroviral therapy has transformed the outlook for people living with HIV.
“Because of how science has advanced, we now have antiretroviral drugs. A lot of security agencies across several countries had provisions in place at the peak of the HIV response, when there were no antiretroviral drugs. But today, because of progress in science and medication, we have even come to a stage where we are talking about U equals U,” he said.
The “U=U” (Undetectable = Untransmittable) principle is based on scientific evidence showing that people living with HIV who consistently adhere to antiretroviral treatment and achieve an undetectable viral load cannot sexually transmit the virus.
According to Mr Mahama, these scientific advances have prompted several countries to review and update recruitment policies, including those governing security services, to align with current medical evidence rather than outdated assumptions about HIV.
He also cautioned against treating an initial reactive HIV test result as a confirmed diagnosis. He explained that anyone with a reactive result must undergo confirmatory testing, receive appropriate counselling, and be linked to care before any definitive conclusions are reached.
Mr Mahama further welcomed the government’s decision to release only aggregate figures from the recruitment exercise, describing it as an important step in protecting the privacy of affected individuals.
“It’s important that aggregate data was conveyed so the privacy of persons who were tested is respected, and a hotline was provided so that persons can follow up for the needed linkage to care and also get the further counselling that is needed,” he said.
Responding to questions about whether the Ghana AIDS Commission had engaged the Ministry of the Interior over the reported disqualifications, Mr Mahama said the Commission had only become aware of the matter through public reports and had begun assessing whether the recruitment process complied with Act 938.
“The information is just coming out and since yesterday this is relating to recruitment practices and compliance with the provisions in the Ghana AIDS Commission Act. So this is a process that is still ongoing,” he said.
He added that the issue had already sparked discussions within the Commission’s leadership as it considers the appropriate next steps.
