20 January 2006
The South African Human Rights Commission (SAHRC) took the following
resolution yesterday during its 51st plenary session.
South African Blood Transfusion Service (SABTS)
The SAHRC reaffirms its position of the rights of gay men to donate
blood:
* We acknowledge that a safe blood bank is in the interest of the general
public.
* Gay men should not be excluded from donating blood on the basis of identity
or status but rather on the basis of epidemiological data/research, which
according to the SAHRC does not convincingly exist in South Africa. The SAHRC
had met with SABTS in the past and suggested that SABTS, Medical Research
Council and the CSIR undertake an epidemiological study to determine whether
international standards, in terms of which it has been found that homosexuals
are a high risk group, applied in South Africa. It was suggested that the study
be held within the realm of the SABTS operation. The SABTS opposed the study
within its realm and the negotiation broke down.
* We also unsuccessfully approached the Department of Health to try and
persuade SABTS to undertake this study.
* The prohibition of blood donations by sexually active men will only be
permissible and justified if the epidemiological data point to a high AIDS
prevalence amongst this population.
* Everybody practising unsafe, high risk sex, should be excluded from donating
blood and a special emphasis should not be placed on the sexual activities of
gay men.
We have further noted that:
* The SABTS have positively responded to a request from the Department of
Health to initiate discussions with the relevant role players to revisit their
self-exclusionary questionnaire.
* It is however our view that SABTS are in a position to change the
questionnaire unilaterally and rephrase the offensive questions to the
satisfaction of everybody.
* If there is however, once again, no progress in these discussions, an
appropriate Equality Court should be asked to give a declaratory order on this
matter.
* It should once again be brought to the attention of SABTS that since this
discrimination is on a listed ground in South Africaâs Equality Legislation,
the onus will shift to them to establish that the discrimination does not
amount to unfair discrimination.
* The SAHRC distances itself from any campaign to give incorrect information in
the self exclusionary questionnaire of the SABTS and calls on advocates for
such a campaign to discontinue their activities in this regard.
Enquiries:
Dr Leon Wessels
Cell: 083 443 9020
Issued by: South African Human Rights Commission
20 January 2006
