A Vanuatu provincial government says it is repealing parts of a bylaw banning menstruating women from preparing and selling food at markets and roadside stalls after the decision sparked a public outcry.
It comes after Prime Minister Jotham Napat called for Vanuatu's SHEFA Provincial Government Council (SPGC) — the local council that includes the capital Port Vila — to immediately revoke the law, which was passed in October and hit market vendors and roadside stalls last week.
Mr Napat said he was "shocked and disappointed" by the bylaw, which has been criticised widely by civil society groups, adding that it would serve only to embarrass the province and country as a whole.
"This draconian and unenforceable regulation is a stark reminder of the need for greater understanding and respect for women's rights and dignity," he said.
The regulation — titled Pest Control of Food Establishment By-Law — states it recognises the "local custom of unclean hands" and it was "forbidden" for women to operate and prepare food at stalls and roadside markets during their menstruation.
The same act also notes that enforcement officers have the power to cancel food stall permits if the requirements are not met.
Women found in violation may face a fine of up to VT20,000 ($250), imprisonment for up to three months or both, it read.
"We call on the Shefa Provincial Council to work smarter and find better avenues to generate revenue for the province, rather than resorting to such ludicrous and discriminatory regulations," said Mr Napat, asking instead to promote the economic empowerment and dignity of women in Shefa Province.
The head of the Vanuatu Association of NGOs (VANGO), Dr Willie Tokon, said the ban was "penalising our women", particularly mothers struggling to put food on the table and pay for school fees.
He also questioned how an enforcement officer would know which women were and were not supposed to be preparing food.
"Do they go out every morning and ask every woman if they are having their periods or not? What are we coming to? That's absurd, it's discrimination against our women."
But the SPGC said the law was not created by the current council and instead was a policy inherited from the administration in 2022.
Secretary-General of Shefa Province Lionel Kalwat told the Vanuatu Broadcasting and Television Corporation Newsroom delays within the national government process meant that the bylaw was only gazetted this year.
Mr Kalwat said that the present administration accepted accountability as the office in charge.
The ABC has contacted the SPGC for an official comment.
Fears women would be treated differently
Melanie Pakoa, who sells food on the side of the road in Port Villa, told the ABC that there was "no need" for the conversation to publicly begin, fearing she would now be treated differently.
"When they make a public rule, it makes me uncomfortable," she said.
"It feels like people will look at you differently, like pointing fingers or watching you because you touched food."
Katarina Aru, who sells food in a roadside market stall in Port Villa, told the ABC that women had been following health guidelines taught through a workshop with health and safety professionals.
"When a mother wants to prepare she has to wash her hands with soap, properly clean her hands before preparing food — that is what we the mothers have been following," she said.
Dr Tokon said he didn't know if SPGC consulted those who provided health certificates for fruit preparers in the community, but if the province was worried about hygiene in food places there were other measures they could adopt.
"They should be installing water tanks so that these mothers can wash their hands before touching food, that's the way to go," he said.
"We should be promoting our people, but now we are trying to put down our women?"
Dr Tokon acknowledged there were some "outdated traditional beliefs" regarding women on their period in the country, but said there was "no longer patience for that" and the island "understands hygiene now".
"As soon as young ladies start having their periods, they know how to look after themselves. Now, we are infringing on their rights to do business just because they have their periods, which is something they have no control over."
Local man Titus Joseph said the by-law was disrespectful and unnecessary.
He said the nation had "so many more important things to talk about" like traffic, roads, health facilities and health services, education and the teachers' strike.
"This world started with women from the mothers; without a mother there is no you, there is no me," he said.
