DATE=03/12/02

TYPE=BACKGROUND REPORT

TITLE=EL SALVADOR / AIDS

NUMBER=5-51241

BYLINE=CATHERINE ELTON

DATELINE=SAN SALVADOR

INTERNET=

/// RE-RUNNING BECAUSE OF DELAY IN ISSUING OF AUDIO FILE ///

INTRO: AIDS activists in El Salvador are challenging a provision in a new law designed to protect the rights of people suffering from H-I-V-AIDS -- The provision that is causing controversy allows employers to test workers for H-I-V. Advocates say the provision will open the door to discrimination in the workplace. The International Labor Organization says it knows of no other country with such a law. Catherine Elton recently visited El Salvador and has this report.

TEXT: /// AMBIENT SOUND OF SCISSORS CUTTING ///

Painted in large black letters on the green wall of Donald's barber shop, in one of San Salvador's largest shopping malls, is a sign informing customers that all the barbers here are screened regularly for H-I-V.

Shop manager Carlos Quiej [kech (not kek)] says the management has had the policy in place for years. He says it is for the customers' safety.

/// INSERT 1ST QUIEJ ACT 1 IN SPANISH, ESTABLISH AND FADE ///

Mr. Quiej says clients have a right to safety, and that they want to come to a safe place, where they will not be infected with anything. He says some people say they come to the shop because of this policy.

AIDS activists fear that the practice of screening employees for H-I-V will become more widespread, since the adoption late last year of an AIDS law. A provision in the law permits employers to screen current and prospective employees for H-I-V. Activists maintain this article will contribute to workplace discrimination against the estimated 20-thousand Salvadorans thought to be infected with the virus.

Alexia Alvarado is a lawyer for a group of social organizations attempting to challenge the controversial article.

/// INSERT 1ST ALVARADO ACT IN SPANISH, ESTABLISH AND FADE ///

Ms. Alvarado says, while testing happened in the past, it was a debatable practice, but now it is protected by law. She says that it will be difficult for those with H-I-V to find a job in an already difficult labor market.

The law specifies that employers cannot fire someone because they are H-I-V positive, but Ms. Alvarado does not believe that this provision offers sufficient protection to those infected with H-I-V.

/// INSERT 2nd ALVARADO ACT IN SPANISH, ESTABLISH AND FADE ///

Ms. Alvarado says that employers will simply use other excuses to fire people with H-I-V.

The International Labor Organization's Code of Practice on H-I-V-AIDS and the workplace says testing should not be required as a condition of employment. While workplace testing does occur in other parts of the world, the I-L-O says it knows of no other country where it is sanctioned by law.

Proponents of the provision say it is intended to improve workplace safety. Representative Norman Quijano is a member of the legislature's health committee, which wrote the controversial article.

/// INSERT QUIJANO ACT IN SPANISH, ESTABLISH AND FADE ///

Mr. Quijano says he was elected to defend the rights of all Salvadorans, not just those who are H-I-V positive. He says that the law will not promote firing those with H-I-V.

/// OPT /// Experts say the risk of becoming infected with H-I-V in the workplace is minimal. /// END OPT ///

Alex Gutierrez is H-I-V-positive and unemployed. He says he is thinking of trying to go to the United States.

/// INSERT GUTIERREZ ACT IN SPANISH, ESTABLISH AND FADE ///

He says he had thought he might find work before, but that since the law was passed, he has little hope.

Activists have already filed suit in the country's supreme court, alleging the testing provision constitutes a violation of privacy. More suits are planned, alleging discrimination. Activists are also negotiating with legislators for the provision to be repealed. (Signed)

NEB/CE/TW/KBK