Democratic Republic of the Congo

Paragraph 14 

The following are punishable offences: the abduction by means of violence, frauds, or threats of any person for the purpose of trade or slavery, the receiving, conveying or transportation of slaves (Decree of the King Sovereign of 1 July 1891 to suppress the slave trade), and acts whereby a person disposes of other placed under his authority for sale as slaves (Penal Code, section 68) 

Paragraph 114 

Congolese Constitution, Article 16 

“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 the cases provided by law.” 

Criminal Code, Article 67 

“ 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. If such torture results in death, the guilty shall be sentences to penal servitude for life or to death.” 

Criminal Code, Article 68 

“Any person who abducts or causes to be abducted, arrests of 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 purpose 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 

“1. Any person who abducts another by means of violence, fraud or threats for the purpose of trade or slavery shall be liable to a term of penal servitude of not less than one nor more than five years and to a fine of not less than 500 nor more than 2,000 francs.” 

“2. The abduction of slaves effected by associations of armed men shall be punishable by death or by penal servitude for life.” 

Trading in Slaves 

“3. Any person who engages in any slave trading transaction shall be liable to a term of penal servitude of not less than six months nor more than three years and to a fine of not less than 200 nor more than 2,000 francs.” 

“4. Any person who knowingly and wilfully conveys or transports one or more slaves obtained by abduction or trade shall be liable to a term of penal servitude of not less than 100 nor more than 1000 francs.” 

“5. Any person who habitually carries on the activities referred to in articles 3 and 4 shall be deemed to be a slave-dealer and shall be liable to a term of penal servitude of not less than five nor more than ten years and to a fine of not less than 1000 nor more than 5000 francs 

Persons having a financial interest in a slave trading undertaking 

“6. Any person who knowingly and wilfully takes a financial interest in an undertaking the object of which is to carry on the slave trade or operations to procure slaves for the slave trade shall be punishable as principle.” 

Receivers of slaves obtained by trade 

“7. Any person who knowingly and wilfully receives one or more slaves obtained by abduction or trade shall be liable to a term of penal servitude of not less than three months nor more than one year and to a fine of not less than 100 nor more than 200 francs, or to one only of these penalties.” 

Fraudulent use of the flag for the purpose of carrying on the slave trade 

“8. The penalties applicable under article 13 of the Decree of 25 February 1886 to the master of a vessel flying the State flag without proper ship’s papers may be increased to twice the maximum laid down in the article if such fraudulent use of the flag was made for the purpose of carrying on the slave trade or operations to procure slaves for the slave trade.” 

Associations formed for the purpose of slave trading 

“9. The formation of any association for the purpose of carrying on the slave trade or operations to procure slaves for the slave trade shall constitute an offence by reason of the mere organization of the band. The leader of the band and any person who has knowingly and wilfully held any command therein shall be liable to a term of penal servitude of not less than one nor more than five years and to a fine of not less than 100 nor more than 1000 francs: any other person is knowingly and wilfully a member of the band shall be liable to a term of penal servitude of not less than one month nor more than two years and to a fine of not less than 50 nor more than 200 francs.” 

Crimes against liberated slaves 

“10. Whoever shall have used fraud or violence to deprive a liberated slave of his letters of freedom or of his liberty, shall be considered a slave dealer and shall be liable to the penalties laid down in article 5.” 

“11. Any person who commits the crime of castration shall be liable to the penalties laid down in article 67 of the Criminal Code, in accordance with the distinction determined in that article.” 

“12. Any person guilty of the offences referred to above who inflicts physical torture on slaves shall also be liable to the penalties laid down in article 67 of the Criminal Code.” 

Participation in crimes and offences relating to the slave trade 

“13. Save the otherwise more particularly provided, the joint principals in and accomplices to the various offences referred to above shall be liable to the following penalties: 

In the case of joint principals, to the penalty which is by statute applicable to principals;  

In the case of accomplices, to a penalty which shall not exceed one half of the penalty to which they would have been liable if they had themselves been principals; 

Where the penalty provided by statute is death or penal servitude for life, the penalty to which an accomplice shall be liable be a term of penal servitude of not less than ten nor more than twenty years.” 

Prosecution and trial of offences covered by this Decree 

“14. In modification of the Decree of 12 April 1886 concerning extradition, a national of any of the Powers signatory to the General Act drawn up by the Conference of Brussels, who has committed abroad an offence covered by this Decree and is discovered in the territory of the State shall be arrested by the national authorities empowered to do so, either on communication of the incriminatory evidence by the foreign authorities who have ascertained the violation of the law, or on production of any other evidence of liability and shall, without other formality, be held at the disposal of the competent tribunals, in accordance with the accepted extradition procedure.” 

“15. Any Congolese subject who, having committed abroad any of the offences covered by this Decree, is discovered in the territory of the State, shall be prosecuted and tried in accordance with national law.” 

The security to be furnished by persons liable for any of the offences covered by the General Act of Brussels 

“16. In accordance with the provisions of article 19, paragraph 2, of the General Act drawn up by the Conference of Brussels, any person having incurred, inside or outside the territory of the State, a penalty in consequence of an offence covered by the General Act, shall be required to furnish security, at a rate and on conditions to be subsequently described by Us, before he is allowed to undertake any commercial operation in countries where the slave trade is carried on.” 

Article 16 

The human person is sacred. The State has the obligation to respect it and to protect it. 

All persons have the right to life, to physical integrity as well as to the free development of their personality, under respect for the law, of public order, of the rights of others and of public morality. 

No one may be held in slavery or in an analagous condition. 

No one may be subjected to cruel, inhuman or degrading treatment. 

No one may be subjected to forced or compulsory labor. 

Article 36 

Work is a sacred right and duty for each Congolese. 

The State guarantees the right to work, protection against unemployment and an equitable and satisfactory remuneration, assuring the worker as well as his family of an existence in accordance with human dignity, together with all the other means of social protection, notably retirement pension[s] and life annuities. 

No one may discriminated against [leser] in their work because of their origin, their sex, their opinions, their beliefs or their socio-economic condition. 

All Congolese have the right and the duty to contribute through their work to the national construction and prosperity. 

The law establishes the status of workers and regulates the particulars concerning the juridical regime of the professional orders and the exercise of professions which require a scholastic or academic qualification. 

Article 40 

Each individual has the right to marry with the person of their choice, of the opposite sex, and to establish a family. 

The family, the basic unit of the human community, is organized in a manner to assure its unity, its stability and its protection. It is placed under the protection of the public powers. 

The care and the education to be given to the children constitute, for the parents, a natural right and a duty which they exercise under the surveillance [and] with the aid of the public powers. 

The children have the duty to assist their parents. 

The law establishes the rules concerning marriage and the organization of the family. 

Article 41 

Every person, without distinction of sex, who is not more than 18 years of age, is a minor. 

All minors have the right to know the names of their father and of their mother. 

They have, equally, the right to enjoy the protection of their family, of society and of the public powers. 

The abandonment and maltreatment of children, notably pedophilia, sexual abuse as well as the accusation of witchcraft, are prohibited and punishable by law. 

The parents have the duty to take care of their children and to assure them of their protection against any act of violence both inside and outside their home. 

The public powers have the obligation to assure protection to children in a difficult situation and to bring, to justice, the authors and their accomplices of acts of violence concerning children. 

All others forms of exploitation of minors are punished by the law. 

Article 61 

In no case, even when the state of siege or the state of urgency has been proclaimed in accordance with Articles 85 and 86 of this Constitution, can there be derogation of the rights and fundamental principles enumerated as follows: 

1.the right to life; 

2.the prohibition of torture and of cruel, inhuman or degrading punishments or treatment; 

3.the prohibition of slavery and of servitude; 

4.the principle of the legality of infractions and of penalties; 

5.the right to [a] defense and the right to recourse; 

6.the prohibition of imprisonment for debts; 

7.the freedom of thought, of conscience and of religion

Constitution of the Democratic Republic of the Congo (PDF)

Article 58 

The child is protected against all forms of economic exploitation. Economic exploitation means any form of abuse of children for economic purposes. Excessive weight concerns in particular the work in relation tothe child’s age, time and duration of work, inadequate or no compensation, the interference of work with respect to access education, physical development, mental, moral, spiritual and social development of children.  

Article 61 

Without prejudice to the provisions of the Penal Code, the child is protected against all forms of exploitation and sexual abuse. 

Are prohibited, including: 

1. incitement, encouragement or coercion of a child to engage in sexual activity;
2. the use, procuring or offering of children for paedophilia;
3. dissemination of pornographic films for children;
4. exposing a child to songs and obscene performances.

Article 67 

A person who, through violence, cunning or threats, has abducted or caused to be abducted, arrested or arbitrarily arrested, detained or caused to be detained, is liable to a penal servitude of one to five years. 

When the abducted, arrested or detained person has been subjected to physical torture, the culprit is punished with a penal servitude of five to twenty years. If torture has caused death, the culprit is sentenced to life imprisonment or death. 

Article 68 

The penalties provided for by and according to the distinctions in the preceding article shall be punished by those who have abducted or caused to be abducted, arrested or caused to be arrested, detained or caused to be detained persons to sell them as slaves or who disposed of persons under his authority for the same purpose. 

Section 172 

Anyone who attempted to morals by inciting, aiding or promoting in order to satisfy the passions of others, debauchery or corruption of persons of either sex under the age of eighteen years shall be punished imprisonment of three months to five years and a fine of 50,000 to 100,000 Congolese Francs constant. 

Article 173 

The offense set forth in the preceding article shall be punishable by a penal servitude of five to ten years and by a fine of between one hundred and two thousand zaires if committed against a child under ten years of age. 

Article 174 

If the offense was committed by the father or mother, the offender shall also be deprived of the rights and privileges granted to him on the person and property of the child by the decree of 4 May 1895, Chapter IX, Of the paternal power. 

Article 174a 

Will be punished with a penal servitude of three months to five years and a fine of fifty to a thousand zaires: 

1. Anyone who, in order to satisfy the passions of others, has hired, trained, or diverted, for the purpose of debauchery or prostitution, even of his consent, a person aged or apparently more than twenty-one years of age. The age of the person may be determined in particular by medical examination, in the absence of civil status.
2. Whoever has kept a house of debauchery or prostitution.
3. The pimp. The pimp is the one who lives, in whole or in part, at the expense of a person whose prostitution he exploits.
4. Whoever has habitually exploited in some other way the debauchery or prostitution of others.

Article 174 b Pimping 

Shall be punished with imprisonment of three months to five years and a fine of 50,000 to 100,000 Congolese Francs rates: 

1. who, to gratify the passions of others, will be hired, abducted or enticed, to the debauchery and prostitution, even with his consent, a person older than eighteen years of age a person may be determined by such medical examination, if not vital;
2. anyone who held a house of prostitution or debauchery;
3. the pimp: pimp is one who lives wholly or partly at the expense of a person whom he exploits the prostitution;
4. whoever usually exploited in any other way, debauchery or prostitution of others.

Shall be punished with the same sentence as the previous paragraph: 

1. anyone who has publicly released a document or pornographic movie to children under 18;
2. who will go on TV or dance held obscene, intrusive morality.

When the victim is a child under 18 years, the penalty is five to twenty years. 

Article 174 c Forced Prostitution 

Whoever caused one or more persons to engage one or more acts of a sexual nature by force, threat of force or coercion or by taking advantage of the inability of such persons to freely give their consent in order obtain pecuniary or other advantage, will be punished by three months to five years in prison.  

Article 174d Sexual harassment 

Anyone who persistently engages in acts of other people, such as words, gestures, orders or threats, or imposing constraints, or exerting serious pressure, or abusing authority which is conferred on him by his functions with a view to obtaining favors of a sexual nature, shall be punished with penal servitude of one to twelve years and a fine of fifty thousand to one hundred thousand Congolese Constant, or one of these penalties only . 

Section 174 e Sexual slavery 

Shall be punished by a sentence of five to twenty years’ imprisonment and a fine of two hundred thousand constant Congolese francs, or anyone who has exercised all the powers associated with ownership of a person, including holding or by imposing a similar deprivation of liberty or by purchasing, selling, lending, bartering such a person for sexual purposes, and will be forced to perform one or more acts of a sexual nature. 

Article 174 j Traffic and exploitation of children for sexual purposes 

Any act or transaction relating to trafficking or exploitation of children or any person for sexual purposes for remuneration or any benefit, is punishable by ten to twenty years imprisonment. 

Article 174 f Forced Marriage 

Without prejudice to article 336 of the Family Code, a penalty of one to twelve years’ imprisonment and a fine of not less than one hundred thousand Congolese francs shall be imposed on any person who, Parental or guardian authority over a minor or major person, shall have given him in marriage, or for the purpose of marriage, or compelled him to marry. 

The minimum sentence referred to in paragraph 1 shall be doubled in the case of a person under 18 years of age. 

Section 174 n Child prostitution 

Shall be punished by imprisonment of five to twenty years and a fine of two hundred thousand francs Congolese constant whoever used a child under 18 for sexual activities against remuneration or any other form of consideration. If the offense was committed by a person exercising parental authority or guardianship, the offender will also be deprived of the exercise of parental authority or guardianship pursuant to section 319 of the Family Code. 

Congolese Penal Code 2004 (revised by Law 06/018) (PDF)

Article 2

Work is for everyone a right and a duty. It constitutes a moral obligation for all those who are not prevented by age or incapacity for work found by a doctor.

Forced or compulsory labor is prohibited.

Any work or service exacted from an individual under threat of any kind of punishment for which the individual has not voluntarily offered himself is also prohibited.

Article 3:

All the worst forms of child labor are abolished.

The term “worst forms of child labor” includes:

(A) all forms of slavery or similar practices, such as the sale and trafficking of children, bonded labor and serfdom, and forced or compulsory labor, including forced or compulsory recruitment of children for their Use in armed conflicts;

(B) the use, procuring or offering of a child for the purpose of prostitution, the production of pornographic material for pornographic performances or obscene dances;

(C) the use, procuring or offering of a child for the purpose

Article 326

Without prejudice to penal laws providing harsher penalties, to be punished by penal servitude for 6 months maximum and a fine of 30,000 FC as a constant or one of these penalties only, whoever will have contravened the dispositions of article 2, 3, 173, and 315 of the present Code.

Law No 015/2002 Labour Code (French) PDF)

Article 162 

Trafficking or the sale of children is punishable by ten to twenty years penal servitude and a fine of 500 thousand to one million Congolese francs. 

It should be understood: 

1. Child trafficking: the recruitment, transportation, transfer, harbouring or receipt of children by threatening to use force or other forms of coercion, of abduction, fraud, deception, abuse of authority or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person with authority over child exploitation ;
2. Sale of children means any act or transaction involving the transfer of children of any person or group of persons to another group against remuneration or other benefit.

Article 175 

The result of holding one or more children in order to sexually abuse them is punishable by ten to twenty years penal servitude. If pregnancy ensues, the penal servitude is fifteen to twenty years.  

Article 182 

Pimping in respect of a child is punishable by five to twenty years penal servitude. The penalty is increased from ten to twenty-five years if the procuring of a child is that of father, mother, stepfather, stepmother of, guardian or any person exercising authority parenting. Pimping in respect of a child is the offering, obtaining, providing, obtaining or using a child for sexual purposes against remuneration or other benefits.  

Section 183 

Sexual slavery of a child is punishable by ten to twenty years penal servitude and a fine of eight hundred thousand to one million Congolese francs. Sexual slavery is the fact that a person or to exercise all powers related to ownership of a particular child by holding or by imposing a deprivation of liberty or by purchasing, selling, lending, trading child for sexual purposes, and to compel him to perform one or more acts of a sexual nature. 

Article 67 

Shall be punished by imprisonment of one to five years who, through violence, trickery or threats, has removed or is kidnapped, arrested or arbitrarily arrested, detained or have someone hold whatever. When the person abducted, arrested or detained have been subjected to physical torture, the guilty shall be punished by imprisonment from five to twenty years. If the torture has caused death, offender is sentenced to life imprisonment or death. 

Article 68 

The penalties provided by and according to the distinctions of the previous article that has removed or is kidnapped, detained or arrested, detained or have done any persons for 

sold as slaves or who has disposed of those under his authority in the same goal. 

Section 183  

Sexual slavery of a child is punishable by ten to twenty years penal servitude and a fine of eight hundred thousand to one million Congolese francs. Sexual slavery is the fact that a person or to exercise all powers related to ownership of a particular child by holding or by imposing a deprivation of liberty or by purchasing, selling, lending, trading child for sexual purposes, and to compel him to perform one or more acts of a sexual nature.

Article 187

Anyone who contravenes the provisions of the present law on the worst forms of child labour shall be punished by a penalty of one to three years of penal servitude and a fine of one hundred thousand to two hundred thousand Congolese francs.

However, the recruitment or use of children under the age of eighteen years in armed forces and groups and the police shall be punishable by ten to twenty years of principal penal servitude.