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The Minister of Education, Professor Sibusiso Bhengu, has released a draft national policy on HIV/AIDS for learners and educators in public schools and students and educators in further education and training institutions.

The draft policy, which was released in terms of the National Education Policy Act, No. 27 of 1996, is to be published in the Government Gazette on Friday, December 11, 1998 to enable members of the public and other stakeholders to comment by not later than February 6, 1999.

"Because of the increase in infection rates, learners, students and educators with HIV/AIDS will increasingly form part of the population of schools and institutions. In addition, more and more children who acquire HIV prenatally will, with better medical care, reach school-going age and attend primary schools", Professor Bhengu said.

He added that the fact that young people were sexually active meant that increasing numbers of learners attending primary and secondary schools and students attending institutions might be infected.

The draft policy was compiled in accordance with the policy of the South African Law Commission. In drawing the policy, the Department of Education took into account international standards and constitutional guarantees, as well as provisions of the South African Schools Act, the Further Education and Training Act and the Employment of Educators Act.

According to the draft policy, no learner, student or educator with or perceived to have HIV/AIDS may be unfairly discriminated against. On the contrary, they should be treated in a just, humane and life-affirming way.

Learners and students with HIV/AIDS should be allowed to lead a full life and be afforded an opportunity to receive an education to the maximum of their ability. Likewise, educators with HIV/AIDS should lead a full professional life with the same rights and opportunities as other educators.

The draft policy does not make it compulsory for learners, students and educators living with HIV/AIDS to disclose their status to the authorities at either their school or institution. However, any learner of student with HIV/AIDS, or his or her parent, would be free to disclose such information voluntarily.

Genuine voluntary disclosure of a learner's, student's or educator's HIV/AIDS status to the appropriate authority should be welcomed and an enabling environment should be cultivated in which the confidentiality of such information is ensured and unfair discrimination is not tolerated.

Where a learner, student or educator poses a health risk to others, appropriate measures must be taken.

Most importantly, the draft policy places emphasis on life-skills training by stipulating that learners, students and educators must receive education about HIV/AIDS in the context of life-skills education on an ongoing basis.

It further stipulates that HIV/AIDS education should not be presented as an isolated learning content but rather in a scientific and understandable way.

The purpose of education about HIV/AIDS should be to prevent the spread of HIV infection, to allay excessive fears of the epidemic, to reduce the stigma attached to it and to instil non-discriminatory attitudes towards persons with HIV/AIDS.

The draft policy, which was developed in close collaboration with the Department of Health, is based on the Report of the South African Law Commission entitled "HIV/AIDS and Discrimination in Schools", which was tabled by Justice Minister, Mr Dullah Omar, in Parliament on 13 August 1998.

Once finalised, the policy would apply to public schools which enrol learners in one or more grades between grade zero and grade twelve, to further education and training institutions and to educators.

The draft policy states that the Minister or MEC responsible for education would be responsible for the implementation of this policy, in accordance with his or her responsibilities in terms of the Constitution and any applicable law.

Other areas covered by the draft policy are:

1. Non-discrimination and equality with regard to learners, students and educators with HIV/AIDS.
2. Testing for HIV/AIDS and the admission of learners to schools, students to institutions or the appointment of educators.
3. Attendance of school and institutions by learners or students with HIV/AIDS.
4. Disclosure of HIV/AIDS related information and confidentiality.
5. Providing a safe school and institutional environment.
6. Prevention of HIV transmission during play and sport.
7. Education on HIV/AIDS.
8. Duties and responsibilities of learners, students, educators and parents.
9. Refusal to study with or teach a learner or student with HIV/AIDS or to work with an educator with HIV/AIDS.
10. School and institutional level policies.
11. Health advisory committee.

Comments on the draft policy can be directed to The Director-General, Private Bag X895, Pretoria, 0001 for attention Ms M. Locke.

Comments can also be faxed to (012) 326 9128 or sent by e-mail to Swart.C@eudc.pwv.gov.za.

The name, address, telephone number and fax number of the person, governing body or organisation responsible for submitting the comment must be provided.

Copies of the draft policy may also be obtained from same address.

For further details contact
Khume Kangala
Deputy Director: Communication
Liaison Services
Tel: (012) 312 5030

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