Article 16 of the Congolese Constitution:
No one shall be held in slavery or servitude nor under any conditions analogous thereto.
No one may be condemned to forced or compulsory labour except in cases provided by law.
Article 67 of the Criminal Code:
Any person who, by means of violence, fraud or threats, abducts or causes to be abducted, arrests or causes to be arrested arbitrarily, detains or causes to be detained another person shall be liable to a term of penal servitude of one to five years. If the person abducted, arrested or detained is subjected to physical torture, the guilty shall be liable to a term of penal servitude of five to twenty years.
Article 68 of the Criminal Code:
Any person who abducts or causes to be abducted, arrests or causes to be arrested, detains or causes to be detained another person for the purpose of selling him into slavery or who disposes of a person placed under his authority for the same person shall be liable to the penalties provided by law, and the distinctions established in the preceding article shall apply.
Decree of the King-Sovereign of 1 July 1891 concerning the slave trade
The abduction of slaves
Trading in slaves
Persons having a financial interest in a slave trading undertaking
Receivers of slaves obtained by trade
The freedom of the human person is inviolable. No one shall be arbitrarily accused, arrested or detained. Every defendant is presumed innocent until proved guilty
been prepared following a procedure guaranteeing the rights of defence. Any act of torture, cruel, inhuman or degrading treatment is prohibited.
The State recognizes that all citizens the right to work and must create conditions that make effective the enjoyment of this right.
No person shall be compelled to perform forced labour, except in the case of a sentence deprivation of liberty ordered by a court of law. No one shall be subjected to slavery.
Article 334: Procuring
The procurer is a person who: Aids, assists or protects a person who engages in prostitution; share in the return derived from the prostitution of another person or persons; recruits, trains or keeps a person of full age with a view to prostitution;, acts as an intermediary between persons engaging in prostitution or debauchery.
Article 335 Prohibition on the Opening of Brothels
The Congolese courts are competent authorities to know all the facts of persons committed by a Congolese national or against a Congolese against a person residing in the Republic of Congo, or by the latter against a national Congolese or another person residing in the national territory. They are also competent when the infringement was committed by a Congolese national or against a Congolese national in territory provided that the facts complained of constitute an offense under the law of the State in which they were committed.
This law applies to all forms of trafficking in persons, be they national or transnational in nature, or unrelated to organized crime.
The measures set out in this law, in particular the measures relating to the identification of victims and measures to protect and promote victims' rights are interpreted and applied to all without distinction of any kind, whether founded on it, race, religion, beliefs, age, family situation, culture, language, ethnicity, national or social origin, nationality, sex, political opinion or any other opinion, physical ability, fortune, birth, status look at immigration legislation, the past of victim of trafficking or sexual exploitation or prostitution, or any other situation. Child victims are treated without discrimination based on the above-mentioned elements, whether these elements concern their person or their parents or legal representatives.
For the purposes of this Act, expressions hereinafter are defined as follows:
"Trafficking in persons": recruitment, transportation, transfer, accommodation or persons, by the threat of recourse or use of force or other forms of coercion, by abduction, fraud, deception, abuse of authority or a situation of vulnerability, or by the offer or acceptance of payments or benefits to obtain the consent of a person having authority over another for the purpose of exploitation.
"Abuse of a situation of vulnerability": abuse any situation in which the person concerned considers that it has no choice but to submit. These situations include:
"Exploitation of the person":
1- Exploitation through work, which means the following practices:
- child labor in violation of the provisions of the Constitution, the Labor Code, laws and regulations governing the work of children;
- forced labor or services, within the meaning of definition provided by the Labor Code;
- Slavery, in the sense of the state or condition of a person on whom one or many of the attributes of the property right, whose sale;
- Practices analogous to slavery: servitude and serfdom.
Servitude relating to working conditions and / or obligation to work or to provide these services, which a person cannot escape or change.
Debt bondage is the commitment of a debtor, for the payment of a debt, to provide its own services or those of someone over whom he has authority whether the nature of those services is undetermined or whether their duration is unlimited or disproportionate, or if ultimately these services will not have of the debt in question.
Serfdom is the situation of any person held by law, custom or agreement between individuals, to live and work on land owned by another person and provide that other person, for remuneration or free of charge, with a specific service, without the power to change that situation.
Is guilty of trafficking in persons and will be punished by imprisonment, whoever, by the means of the threat recourse or the use of force or other forms of restraint, kidnapping, fraud, deception, abuse of authority or a situation of vulnerability, or by offering or accepting payments or benefits to obtain the consent of one person having authority over another, intentionally for the purpose of exploiting a person in the following act without having to be a stakeholder in each elements of this act: recruitment, transport, transfer, accommodation, reception of this person.
When the victim of the offense is a child, the offense of trafficking in persons is established even in the absence of the means provided for in paragraph 1 of this article.
The consent, agreement, involvement or participation of the legal representatives of the victim or any other person having authority over the victim, the commission of the offense cannot constitute a cause of exoneration of liability or a mitigating circumstance for the offender.
Will be punished with hard labor for time, whoever commits the offense of trafficking in persons, provided for in Article 5 (a) of this Law, accompanied by any of the following circumstances:
Will be punished by forced labor for life, anyone who commits the offense of human trafficking accompanied by any of the circumstances following:
Will be punished with a fine of ten million (10,000,000) to five hundred million (500,000,000) CFA francs and one or more of the following additional penalties, any legal person convicted of the offense of trafficking in persons Article 5 paragraph 1:
- measures excluding the profiting from a benefit or public support;
- placement under judicial supervision;
- the judicial measure of dissolution;
- the temporary or definitive closure of the establishment used to commit the offense.
The additional penalty of confiscation property will be applied to individuals and morals author of the offense of trafficking.
Confiscation of property relates to:
The additional custodial sentence applies under the same conditions to all intangible rights.
A victim of trafficking in persons is exempt from criminal or administrative liability and cannot be detained or detained:
Exemption from liability is not recognized when the offense committed is a crime under criminal law.
The provisions of this article are without prejudice to the general defenses that the victim can invoke under the law.
Will be punished by a penalty as provided by the labor code, whoever commits the offense of forced labor or services.
Will be punished by three (3) years to five (5) years imprisonment and a fine of five hundred thousand (500,000) to five million (5,000,000) CFA francs, anyone who practices, facilitates or derives a financial or material profit from the slavery of others or a similar practice.
Will be punished by a penalty as provided by the Code of Labor Law No. 4-2010 of 10 June 2010 on the protection of the child in the Republic of the Congo and other texts relating to child labor, whoever uses child labor in violation of the provisions of labor law.
Will be punished by a sentence of three (3) years to five (5) years of imprisonment and a fine of three one hundred thousand (300,000) to three million (3,000,000) CFA francs, whoever commits the offense exploitation by pornography.
Will be punished with a sentence of one (1) year to three (3) years of imprisonment and a fine of two hundred thousand (200,000) to two million (2,000,000) of CFA francs, anyone who submits to the marriage forced or servile.
Article 4 (Law No 6-96)
Forced or compulsory labor is absolutely prohibited. The term "forced or compulsory labor" means any labor required of an individual under threat of any penalty and for which the said person has not offered himself voluntarily. The term "forced labor" does not apply to work or service required in case of war, disaster, threat of loss, natural disaster or epidemic and generally in all circumstances likely to endanger endangering the lives of others or the circumstances normal existence of all or part Population. The term "compulsory labor" shall not apply to all work and decided executed voluntarily by community and to the direct interest of tasks for this community such as the establishment or maintenance of communication channels, sanitation and cleanliness housing, the supply of water, land development, construction purposes social, cultural or economic.
Article 257 (Law No. 6-96)
Shall be punishable by a fine 600,000 FCFA 900,000 to FCFA and if recurrence of a fine of 900,000 to 1,100,000 FCFA.
a) breaches the provisions of the authors Article 4 on the prohibition of forced labor 87 (2) on the payment of wages or alcohol alcoholic beverage, 103 except in display, 104 e 166.
b) persons who have voluntarily misrepresentation of industrial accident or occupational disease.
c) any person who by violence, threat or any other means of pressure has forced or tried to force a worker to will employ against his will or, by the same means have tried to prevent or will have prevented or fulfill the obligations imposed by his contract.
Note: sets the minimum age for employment and apprenticeships at 16 and the minimum age for hazardous work at 18
A man of less than 21 years of age and a woman of less than 18 years of age may not contract a marriage.
Each of the spouses, even if under age, must personally consent to the marriage. Consent shall not be deemed valid if it was extorted by violence or was given in consequence of an error as to physical or civil identity or some other essential quality which, had the error been known, would have prevented the other spouse form contracting marriage.
The right to refuse pre-marriage and marriage is recognized to every child. Is null, marriage or pre-marriage contracted by a child under duress
Trafficking, sale and all forms of exploitation the child is prohibited in the Republic of Congo.
1) Human trafficking means the recruitment, transportation, transfer, harboring or receipt of a child purpose of exploitation whatever the means used, that either by the threat of use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having authority over the child or absence these means and which drives the movement of child within or outside the country by one at least in the presence of people and regardless is the purpose of the child's removal.
2) Exploitation shall include, at a minimum, the exploitation to the prostitution of others or other forms sexual exploitation, forced labor or services, slavery or practices similar to slavery or the removal of organs. The consent of the child to the intended exploitation, such set out in this article shall be irrelevant regardless of the means used or the absence of recourse to any covered ways.
3) The term sale of children, any act or transaction involving the transfer of a child, any person or group of persons to another person or another group against remuneration or other benefit
Are prohibited, early jobs, the worst forms labor and other domestic activities with threaten the physical or mental health of the child. by early employment means the fact to involve children
under sixteen years in the job in a domestic sphere, in the formal or informal sectors.
The worst forms of child labor include:
forced or compulsory, including forced recruitment or compulsory for children to use in armed conflict;
relevant international conventions;
A decree issued after the National Commission Consultative Labour will prepare the list and nature of work and the categories of enterprises prohibited for children the age limit applies this prohibition.
A penalty of hard labor and a fine of 1 million to 10 million CFA francs, whoever will engage in the trafficking, sale, trafficking or any Other forms of child exploitation regardless of the mobile. The criminal court may also convict the author of these facts to pay the family of research costs, repatriation and reintegration. The authors and accomplices may also be fallen their civic, civil and family
The penalty for imprisonment of three months to two years and a fine of 150,000 to 1,500,000 CFA francs shall be imposed on a person who compels a child to marry or marry. If the constraint is imposed by the private supervision institution of the child, the penalties applicable are those referred to in article 127 of this law. If the constraint comes from the public institution of supervision, it will respond in accordance with the provisions in force. The initiation of public action is subject to the prior submission of a complaint on the initiative of any person having an interest. The judgment may be exempt from execution of the sentence.
Note: Specifically prohibits sexual slavery, sex trafficking, child and forced prostitution, and pimping, and prescribes penalties for these offenses ranging from three months to 20 years’ imprisonment.