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| Malawi Military Troupe |
This is in contrast to the Malawian HIV and AIDS (Prevention and Management) law, which states that people living with HIV should be treated with exception to avoid compromising security of the nation.
The HIV and AIDS (Prevention and Management) Bill was enacted by the Malawi Law Commission in 2008, was set up to provide an institutional framework for effective regulation of the prevention and management of the HIV and AIDS epidemic in Malawi.
The Bill also formally established National AIDS Commission (NAC), outlining composition of the commission and procedures for appointing commissioners and the chief executive officer.
During the HIV and AIDS Management and Prevention ACT dissemination meeting which took place at the National Police Headquarter, the army and police top brass said the law would compromise the quality of service of its officer hence they would still demand mandatory HIV testing from recruits.
Speaking at the meeting which was held by NAC in Lilongwe on Friday, Colonel Grandson Madziatera said that the training for MDF officers is very rigorous. I don't think an HIV-postive person can withstand it.”
Both MDF and Police asked NAC to exempt the security institutions from implementing the law.
But NAC head of policy support and development, Andrina Mwansambo said the law can not be disregarded.
He urged the military and police to "review" their recruitment and training mechanisms "to ensure they are not in conflict with the law.
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Section 27 of the Act prohibited testing before recruitment into employment, but applicants would be allowed to access fitness to serve in the Malawi Defence Force, Malawi Police Service, Malawi Prison Service and Immigration Department.
When the Bill was being debated in Parliament, many legislators queried what would happen to those officers in uniform found HIV positive while in service when Section 28 makes it a criminal offence to fire an employee on the grounds that he or she is living or perceived to living with HIV and AIDS.
Parliamentarians voted to reject provisions that endangered human rights and had the potential to negatively affect the HIV response in the country.
The law had initially included provisions to make HIV testing and treatment mandatory for particular populations on a discriminatory basis, and that would criminalize HIV exposure and transmission, amongst others.
Civil society and activists debated that it would violate the Malawi Constitution, and compromise the country's efforts to improve their HIV treatment and prevention.
