The Ghana AIDS Commission has raised concerns that disqualifying applicants from employment based on their HIV status could amount to a breach of the Ghana AIDS Commission Act, 2016 (Act 938).

Speaking on Joy FM’s Midday News on Wednesday, July 8, the Director of Policy Planning at the Ghana AIDS Commission, John Eliasu Mahama, insisted that HIV status should not be used to deny employment except in very limited circumstances.

According to him, Section 32 of Act 938 clearly protects persons living with HIV from employment discrimination.

“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 follow public concerns over reports that some applicants in a security recruitment process may have been disqualified after testing HIV positive.

Interior Minister Muntaka Mohammed-Mubarak says about 1,300 applicants in the recent security services recruitment exercise tested positive for HIV during mandatory medical screening.

He said this informed the government’s decision not to send medical results directly to unsuccessful applicants, but instead provide contact details for them to voluntarily follow up, receive counselling and access further information in line with international health guidelines.

Mr Mahama stressed that developments in medical science have significantly changed the HIV response and should influence employment and recruitment policies, including those of security agencies.

He noted that while some restrictive policies may have been introduced at the peak of the HIV epidemic when treatment options were limited, the situation has since changed with the widespread availability of antiretroviral therapy.

“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 explained.

The “U=U” principle refers to the scientific understanding that a person living with HIV who is on antiretroviral treatment consistently and achieves an undetectable viral load cannot sexually transmit the virus.

Mr Mahama said this progress means several countries have reviewed and amended their recruitment rules, including in the security sector, to reflect current medical realities rather than outdated assumptions about HIV.

He also underscored the need for caution in the handling of HIV test results, explaining that an initial reactive result does not amount to a confirmed HIV diagnosis.

According to him, it is important for persons who test reactive to undergo the full confirmation process and receive the necessary counselling and linkage to care before any conclusions are drawn.

He further commended the decision to communicate only aggregate data in relation to the recruitment exercise, saying this helps to protect the privacy of affected persons.

“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.

Asked whether the Ghana AIDS Commission had engaged the Ministry of the Interior over the matter and the basis on which affected persons were reportedly disqualified, Mr Mahama said the Commission had only become aware of the issue publicly and was beginning internal processes to assess compliance with the law.

“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 matter had already triggered discussions within the leadership and structures of the Commission.