Dr Willie Tokon, Chairman of VANGO and Chief Executive Officer (CEO) of Transparency Vanuatu, said the rule was introduced without proper consultation and unfairly targets women who rely on market food sales to support their families.

“We never heard about it. Where is the consultation coming from?” he said. “Why are they targeting the mamas?”

Dr Tokon questioned how enforcement officers could determine whether a woman was menstruating and said if hygiene was the concern, authorities should focus on improving sanitation rather than restricting women’s work.

“If hygiene is the concern, then install proper water systems, don’t discriminate,” he said. “Period is not a sickness. It’s a normal body function, and women know how to look after themselves.”

He said the by-law unfairly singles out market mamas while restaurants and takeaways, including foreign-owned ones, are not being targeted.

“It’s not fair. If Chinese takeaways can operate, why stop the mamas who are just trying to put food on the table?” he added.

Dr Tokon said the by-law undermines women’s dignity and livelihoods.

“This policy is really discriminatory. It must be withdrawn,” he said. “Women should not be stopped from working because of their period — it’s not an illness.”

VANGO has called on the Minister of Internal Affairs to immediately withdraw the by-law, saying it goes against gender equality and human rights principles.

Women’s rights advocate Yasmine Covo, founder and Executive Director of Sista, also criticised the decision, demanding transparency in how the by-law was developed.

“What was the consultation process? Where is the actual report to justify such a law? Who was consulted, and what’s the data?” she asked. “This is why we promote women’s participation in consultations and decision-making. We want transparency.”

In response, Lionel Nasome Kaluat, Secretary General of the SPGC, said the by-law was established under legal powers granted to provincial councils by Parliament to regulate public health and hygiene.

“Provincial councils are empowered by law under Act 230, Part 5, to make by-laws,” Kaluat explained. “This particular by-law is one of seven submitted to the State Office (now the Office of the Attorney General), last year for verification before gazettal.”

Kaluat said the clause relating to menstruating women draws on ancestral teachings and traditions that emphasise hygiene and respect.

“We took it in the context of customary practice, that the by-law will protect and preserve the practices we learned from our ancestors, even from biblical times,” he said. “I’m happy that we can uphold and preserve these traditions.”

He said the by-law is not intended to discriminate against women but to promote responsibility and hygiene.

“The law is not for us to check mamas but to encourage responsibility,” he said, adding that the Council plans to improve water systems in market areas.

Kaluat clarified that the by-law applies only outside the Port Vila Municipal area, within SHEFA’s rural jurisdiction.

“If you are living in Port Vila, this law does not apply to you. It is meant for SHEFA’s physical planning areas,” he said.

Despite the clarification, VANGO and other advocacy groups continue to call for the by-law’s withdrawal, saying it unfairly restricts women’s economic participation.

“Women are already struggling to make ends meet,” Dr Tokon said. “They should not be punished for a natural biological process.”

The controversy has triggered a national debate over how to balance respect for tradition with women’s rights in modern Vanuatu.

SOURCE: VANUATU DAILY POST