Why Ghana Must Reconcile Security Recruitment Standards with Science, Law and Human Rights
The reported exclusion of more than 1,300 applicants from Ghana’s security services following medical screening has reopened a difficult but necessary national conversation: can HIV status alone remain a legitimate basis for denying a citizen the opportunity to serve the nation?
First of all, the 1300 HIV positives screening outcome among the over 100,000 prospective recruits may be sending shivers to the spine among the Ghanaian populace but like it said, numbers don’t lie, it can be said that, these results present some credence to HIV prevalence of 1.49% estimate among Ghanaians aged 15-49 years as put out by the Ghana AIDS commission lately.
As reported in the news media, The Ghana AIDS Commission has petitioned CHRAJ to launch investigations to establish the facts surrounding the reports and has cautioned against drawing conclusions before investigations are completed. However, the controversy presents an opportunity to examine a broader policy question: whether Ghana’s approach to HIV and recruitment reflects current medical science, national legislation, and international human rights standards.
Pivotal to this debate is a growing contradiction. Modern medicine tells us that a person living with HIV who is on effective treatment can achieve an undetectable viral load and live a long, healthy, productive life. HIV treatment has advanced through modern research with advance preventive measures such as Pre-Exposure Prophylaxis ( PrEP) and Post Exposure Prophylaxis (PEP) Yet, in some settings, an HIV diagnosis still appears to function as an automatic barrier to opportunity.
The question Ghana must answer is whether its policies have evolved as quickly as science has.
HIV Has Changed: Policies Must Change Too
The early years of the HIV epidemic were marked by fear, limited treatment options, and widespread misunderstanding. HIV was often viewed as a terminal illness that inevitably progressed to severe disease. In Ghana, the campaign Messaging by Health professionals and even the Ghana AIDS commission were not devoid of scary skeletal images and wordings for local consumption such as ‘ɔfɔn yare’ (Twi), ‘Dika na ku’ (Ewe); To it, A disease marked by becoming lean till death!
That reality has changed dramatically.
Today, antiretroviral therapy (ART) has transformed HIV into a manageable chronic condition. People living with HIV who receive timely treatment and maintain good adherence can have near-normal life expectancy and participate fully in society.
One of the most significant scientific developments is the principle of Undetectable = Untransmitable (U=U). Scientific evidence has demonstrated that people living with HIV who are on effective treatment and maintain an undetectable viral load do not sexually transmit HIV. While U=U specifically addresses sexual transmission, it represents a major advancement in understanding how treatment changes the public health implications of HIV.
What is undisputable is: HIV status alone no longer provides a complete picture of a person’s health, capability, or productivity.
A person living with HIV who is physically fit, psychologically prepared, and medically stable may be more capable of performing demanding duties than another person without HIV who has unmanaged health conditions.
Therefore, modern occupational health practice increasingly focuses on fitness for duty, rather than simply the presence or absence of a medical diagnosis.
Ghana’s Legal Framework and the Question of Discrimination
Ghana has made important commitments toward protecting the rights of people living with HIV.
The Ghana AIDS Commission Act, 2016 (Act 938) provides specific protections against HIV-related discrimination. Section 28 states that persons living with HIV or affected by HIV shall enjoy fundamental human rights and freedoms and prohibits direct or indirect discrimination based on actual or perceived HIV status.
More specifically, Section 32 of Act 938 addresses HIV and employment. It provides that HIV status should not be a reason to refuse employment or terminate employment, except where an employer can demonstrate that the job requires a particular state of health or medical condition. It further states that the relevant standard in employment-related decisions should be fitness for work and restricts HIV testing for recruitment purposes. This creates an important policy balance.
The law does not suggest that every applicant must automatically qualify regardless of medical condition. Certain professions, including security services, may have unique operational requirements like the case of Ghana security services. However, the question is: Does HIV status itself denotes a reliable measure of inability to perform those duties? A diagnosis is not the same as incapacity. Security Requirements Are Legitimate, But Must Be Evidence-Based
Ghana’s security institutions carry enormous responsibility. Military personnel, police officers, immigration officers, and other security professionals may be deployed to challenging environments where physical endurance, mental resilience, and operational readiness are essential.
It is therefore reasonable for security agencies to establish strict medical fitness standards.
The concern arises when medical standards become an assumption rather than evidence.
A blanket exclusion of all persons living with HIV if that was the case in question, then the assumption is that every HIV-positive applicant has the same health status. This ignores differences in treatment adherence, viral suppression, immune function, physical fitness, and overall wellbeing.
A more scientifically grounded approach would assess:
- Physical fitness
- Ability to perform essential duties
- Immune status
- Treatment stability
- Operational requirements of specific roles
- Long-term capacity for service
This approach protects institutional standards while avoiding unnecessary discrimination. International Standards Reject HIV-Based Workplace Discrimination.
International institutions have consistently emphasized that HIV should not become a basis for workplace discrimination. The International Labour Organization (ILO), supported by UNAIDS, has developed global workplace principles on HIV that promote non-discrimination, confidentiality, prevention, treatment, care, and support. The ILO position recognises that HIV status should not automatically prevent individuals from participating in employment.
UNAIDS has also emphasised that protecting the rights of people living with HIV in workplaces is an essential part of the global HIV response. The international direction of travel is clear: employment decisions should be based on ability to perform work, not fear or outdated assumptions about HIV.
The Public Health Consequences of Exclusion
Beyond the legal arguments, there is a significant public health dimension. For decades, Ghana and other countries have encouraged people to know their HIV status because early diagnosis saves lives and reduces transmission. But if citizens believe that discovering they are HIV-positive could cost them employment opportunities, some may avoid testing. That creates a dangerous contradiction and defeat to the public health drive which encourages testing. The fight against HIV depends not only on medicine but also on trust. People must believe that knowing their status will lead to support, treatment, and care—not exclusion from society.
Learning From Global Experience
Countries around the world have struggled with balancing military readiness and HIV rights. Historically, some armed forces adopted broad restrictions because of concerns about deployment, medical support, and operational effectiveness. However, advances in treatment have forced many institutions to reconsider whether blanket restrictions remain justified.
The modern approach increasingly asks a different question: “Can this individual safely and effectively perform the duties required? “Rather than: “Does this individual have HIV?” That distinction matters.
Security institutions should not lower standards. Instead, they should ensure that standards reflect current medical knowledge.
A Call for Policy Review, Not Conflict
The current debate should not become a confrontation between human rights advocates and security institutions. Both sides have legitimate interests. Security agencies must protect operational effectiveness. Citizens living with HIV must be protected from unfair exclusion. The solution lies in evidence-based policy.
Ghana should consider establishing an independent review involving:
- Security medical officers;
- Infectious disease specialists;
- Occupational health experts;
- The Ghana AIDS Commission;
- Legal experts; and
- Representatives of people living with HIV.
Such a review can determine whether current recruitment standards reflect the realities of modern HIV treatment.
Conclusion:
Science Has Moved Forward. Policies Must Follow
The HIV epidemic has taught the world an important lesson: fear and stigma do not defeat disease, rather Science, compassion, and evidence do.
Today, millions of people living with HIV contribute meaningfully to their families, workplaces, and nations. A country that encourages citizens to test, seek treatment, and live responsibly must also ensure that those same citizens are not punished for knowing their status.
The debate surrounding HIV and security recruitment is therefore bigger than 1,300 applicants.
It is about whether Ghana’s policies reflect the country’s own laws, modern medical science, and commitment to human dignity. Security standards must remain high. But fairness must remain equally high.
The goal should not be a system that asks whether an applicant is HIV-positive.
The goal should be a system that asks whether an applicant is healthy, capable, and ready to serve Ghana.
Thank you
References
- Parliament of Ghana. (2016). Ghana AIDS Commission Act, 2016 (Act 938). Accra: Government of Ghana. Available at: GhaLII – Ghana AIDS Commission Act, 2016 (Act 938)
- Republic of Ghana. (1992). Constitution of the Republic of Ghana (1992). Accra: Assembly Press.
- Ghana AIDS Commission. National HIV and AIDS Programme and National HIV Estimates. Accra, Ghana.
- World Health Organization (WHO) – Ghana AIDS Commission Act, 2016 (Act 938). WHO Country Planning Cycle Database.
- World Health Organization (WHO) – Consolidated Guidelines on HIV Prevention, Testing, Treatment, Service Delivery and Monitoring. Geneva: WHO.
- UNAIDS – Undetectable = Untransmittable (U=U). Joint United Nations Programme on HIV/AIDS.
- International Labour Organization (ILO) – HIV/AIDS and the World of Work. Geneva: ILO.
- International Labour Organization. (2010). Recommendation No. 200 concerning HIV and AIDS and the World of Work. Geneva: ILO.
- Centers for Disease Control and Prevention (CDC) – HIV Treatment as Prevention. U.S. Centers for Disease Control and Prevention.
- Rodger, A. J., et al. (2019). Risk of HIV transmission through condomless sex in serodifferent gay couples with the HIV-positive partner taking suppressive antiretroviral therapy (PARTNER 2). The Lancet, 393(10189), 2428–2438.
- Rodger, A. J., et al. (2016). Sexual Activity Without Condoms and Risk of HIV Transmission in Serodifferent Couples When the HIV-Positive Partner Is Using Suppressive Antiretroviral Therapy. Journal of the American Medical Association (JAMA), 316(2), 171–181.
- Cohen, M. S., et al. (2016). Antiretroviral Therapy for the Prevention of HIV-1 Transmission. The New England Journal of Medicine, 375, 830–839.
- MyJoyOnline – Ghana AIDS Commission’s statement on reported rejection of recruits. (Used only for reporting the Commission’s public response.)
The writer is a Public Health Informatician, Monitoring and Evaluation (M&E) Specialist, and Researcher.
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