Workers could lose right to strike: VTU

May 13, 2026 | News | 0

The Vanuatu Teachers Union (VTU) has warned that the right to strike for workers is at risk because of the Bill for the Trade Disputes (Amendment) Act going before Parliament soon.

Secretary General (SG) Jonathan Yona said workers have their right to strike threatened because, if passed, the Bill could punish or imprison workers for not complying. The amendment must be examined carefully, he said.

“The right to strike is not a crime. It is a legitimate and necessary tool for workers when dialogue fails. A law that places too many procedural barriers before workers can strike risks violating the spirit of the International Labour Organization (ILO) Convention 87,” he said.

Vanuatu is a member of the ILO and has ratified key conventions, including 87 on freedom of association and the right to organise.

Through the Bill, the Vanuatu Government aims to modernise the framework for resolving industrial relations cases and provide greater clarity on the legal requirements for strike or other industrial action.

The Bill introduces a mediation stage for a period of 14 working days and extends conciliation from 7 days to 21 days, giving more time for talks. It allows cases to go to the Trade Disputes Tribunal if unresolved.

The Bill also requires workers to give a new strike notice after certain orders expire and makes it an offence if this rule is not followed. The proposed penalty is a fine of up to VT500,000, or imprisonment for a term not exceeding 4 years, or both for individuals, and VT2 million for corporate bodies.

SG Yona stressed that these proposed changes are very concerning for workers.

“Mediation and conciliation are good if they help parties resolve disputes fairly. But they must not be used as delay tactics to frustrate workers, weaken unions, or make strike action almost impossible,” he said.

“The government must consult unions properly before passing this Bill. Industrial peace is not achieved by threatening workers with prison. It is achieved through fair bargaining, respect for unions, living wages, and genuine social dialogue.

“We call on Parliament to review this Bill carefully and ensure it aligns with justice in the workplace, not silence workers.”

Meanwhile, the Vanuatu National Workers Union (VNWU) has also criticised the Bill and demanded that the government delay its passing in Parliament to allow time for consultation.

VNWU said a 14-day mediation process is a total waste of time.

“Seven (7) days is enough for a conciliator to conciliate, ask questions from disputing parties before prompting a settlement and drafting a Memorandum of Conciliation,” said VNWU.

“Extending the conciliation timeline from 7 to 21 days must not be allowed because workers expect immediate settlement of their dispute. These 21 conciliation days plus the 14 days mediation are too much time.

“For the unions to issue a second notice after the expiry of a discontinuance order is a clear attack on unions. What if a second notice is issued and the minister responsible issues another discontinuance order? It will create a situation where orders of discontinuance will only be used to drag the issue with an expectation that members will continue to work. This was what happened during the VTU initiated strike, which really affected children’s education.”

SOURCE: VANUATU DAILY POST

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A prison sentence is not a child protection plan The Ministry argues that reports of criminal convictions reveal much less about what happens to the children themselves after abuse is discovered. “The cases reported in the newspapers tell us something about how Vanuatu’s criminal justice system responds to child sexual abuse. But they tell us much less about what happens to the children themselves,” MOJYCS says. Referring to the five-year-old girl whose father was sentenced for sexually assaulting her, the Ministry says the court’s decision explains the consequences for the perpetrator but does not establish what protection was put in place when the abuse came to light, whether other children were at risk or what support was available to help her recover. These questions, the Ministry says, are just as important as the criminal prosecution. The MOJYCS describes a situation in which a girl tells her teacher that someone at home has been sexually abusing her. She is frightened to return home, her mother may be financially dependent on the perpetrator, and younger children in the household may also be at risk. “The police can investigate the crime. But who assesses whether she is safe to go home that afternoon? Who helps her family find a safe way forward? Who ensures she receives medical care, counselling and ongoing support? And who follows up to make sure she remains safe?” the Ministry asks. “These questions cannot wait months or years for a criminal trial to conclude.” Vanuatu already has laws criminalising rape, incest and other sexual offences. Police, prosecutors and courts play an essential role in investigating crimes and holding perpetrators accountable. However, the MOJYCS says criminal investigations and child protection responses serve different purposes. “A criminal investigation asks whether an offence was committed and who is responsible. A child protection response must ask a different, equally urgent question: is this child safe, and what needs to happen now to protect them?” the Ministry says. “Protecting a child must begin when abuse comes to light, not when a perpetrator is convicted.” The Ministry says this is why the proposed Child Protection Bill matters. The Bill seeks to establish a stronger legal framework for protecting children at risk of abuse, neglect and exploitation. It would establish clearer reporting responsibilities, strengthen the authority of child protection officers to assess and respond to abuse, and provide mechanisms for emergency protection, court orders and safe alternative care. The MOJYCS says these measures would establish clear responsibilities and provide the legal authority needed to intervene when a child is in danger. “A child who discloses sexual abuse needs more than a police investigation. That child needs to be safe tonight, tomorrow and in the months and years that follow,” the Ministry says. Parliament has an opportunity to act The MOJYCS recognises that families, chiefs, churches and communities all have important roles in protecting children. However, it says informal arrangements and goodwill are not always enough when abuse occurs within a family or community. Children need a system with clear legal responsibilities, trained professionals and the authority to intervene when their safety is at risk, the Ministry says. It also cautions that legislation alone will not end child sexual abuse. A strong Child Protection Bill must be backed by trained child protection officers, accessible services, effective referral pathways and sustained investment, including in rural and remote communities. Without these investments, the MOJYCS warns, the promise of stronger legal protection risks remaining just that — a promise. For children experiencing abuse, the Ministry says, the issues are not abstract questions about legislation or government responsibilities. They concern immediate safety, dignity, care and recovery. The MOJYCS says a child’s access to protection should not depend on where they live, whom they know or whether someone happens to be available to help when they disclose abuse. “To the MPs who will consider the Child Protection Bill this month: the children behind these headlines deserve more than our concern. They deserve action,” the Ministry says. “Vanuatu cannot undo the abuse these children have suffered. But it can decide what happens when the next child comes forward. “Pass a strong Child Protection Bill. Commit the resources needed to make it work. And ensure that when a read more…

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