Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - Democratic Republic of the Congo (Ratification: 1960)

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and sexual slavery in the context of armed conflict. The Committee previously expressed concern at the persistent use of sexual slavery and forced labour of women in the context of armed conflict. It urged the Government to intensify its efforts to prevent and bring an end to these practices, and to combat the impunity of the perpetrators of these crimes and ensure the protection of victims and their access to compensation mechanisms.

The Government indicates in its report that several measures have been taken, including: (i) the adoption of Act No. 22/065 of 26 December 2022 establishing the fundamental principles for the protection and compensation of victims of conflict-related sexual violence and of crimes against peace and the security of humanity; (ii) the creation of the National Fund for the Compensation of Victims of Conflict-related Sexual Violence (FONAREV); and (iii) the implementation throughout the national territory of a support campaign for victims of conflict-related sexual violence and victims of crimes against peace and the security of humanity entitled “Never Again Alone” (Plus Jamais Seuls). The Government adds that, in its February 2024 report, the Coordinating Authority for Youth, Action to Combat Violence against Women and Trafficking in Persons indicated that it had documented, accompanied in judicial proceedings and provided support for 69 cases of sexual exploitation during the course of 2023. The Government also refers to the development of a national policy of transitional justice which contributes to the imposition of penalties that are commensurate with the gravity of forced labour practices. The Committee notes in this regard that, according to the website of the Programme for Disarmament, Demobilization, Community Recovery and Stabilization (P-DDRCS), measures have been taken to facilitate the implementation of transitional justice, including the organization of a two-day workshop on transitional justice in May 2025 for State actors and civil society, and the establishment of a consultation framework on the subject which will meet every quarter.

The Committee notes that the 2022 study “No Escape” on the relationship between abuses related to slavery and internal displacement, prepared by the International Organization for Migration (IOM), the ILO and Walk Free, reports that in the North Kivu region, one in five displaced persons who were questioned had been victims of forced labour, forced recruitment or abduction over the five previous years. Of these practices, forced labour was the most common and had affected 14.5 per cent of the displaced persons questioned. Displaced persons from whom forced labour was exacted were principally forced to perform activities directly related to the armed conflict.

The Committee further notes that the National Human Rights Commission (CNDH), in its report submitted to the 90th Session (2025) of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), and based on the examination of the exceptional report submitted by the Democratic Republic of the Congo, emphasized that, although patrols are organized to secure displaced persons camps, they are limited in light of the number and size of the camps and their overcrowding, which makes it difficult to ensure adequate prevention of cases of violence, particularly in the surroundings of the camps.

The Committee also draws attention to the fact that, in its concluding observations of 27 February 2025, the CEDAW expressed grave concern at the large-scale and increasing displacement of millions of civilians, especially women and children, the overcrowding in camps for internally displaced persons, and the fact that the measures to protect the camps are largely insufficient to address the acute security risks, including the exposure of women and girls to conflict-related sexual violence in and around the camps. The CEDAW also expressed alarm at the multitude of forms of conflict-related sexual violence, including sexual slavery and forced prostitution, and the rampant impunity. It expressed concern at the large number of women and girls, in particular those around mining sites, facing rape, sexual slavery and forced prostitution, perpetrated with impunity, in particular by armed groups, State actors, mining actors and private security contractors. While noting the efforts made by the Government to prosecute the perpetrators of conflict-related sexual violence, resulting in convictions, the CEDAW noted with concern the extremely limited number of cases of conflict-related sexual violence brought to court, and that judgments are often not enforced and corruption persists in the justice system. It further noted with concern the slow implementation of the FONAREV, which has so far identified 150,000 victims of conflict-related sexual violence, of whom just over 1,000 have obtained decisions awarding them damages, which have not yet been disbursed (CEDAW/C/COD/EP/CO/1).

Finally, the Committee notes that, according to the report of 5 September 2025 of the Fact-Finding Mission on the situation in North and South Kivu Provinces of the Office of the United Nations High Commissioner for Human Rights, around 7.8 million people are displaced in the country. The report also refers to a large number of civilians detained by armed groups and taken to “training” camps for the purpose of forced recruitment, and emphasizes that the allegations concern thousands of men, as well as women and children, who are forced to carry out intensive labour in the camps (A/HRC/60/80).

In light of the above, the Committee is bound to deplore the extent and persistence of forced labour, sexual slavery and forced prostitution occurring in the context of armed conflict. While recognizing the complexity of the situation prevailing in the country and the efforts made by the Government, the Committee urges the Government to take additional measures as a matter of urgency to bring an end to these practices, including in camps for displaced persons and in the vicinity of mining sites, paying particular attention to women. It also urges the Government to take the necessary measures to: (i) provide full protection, reintegration and compensation to the victims; and (ii) combat the impunity of the perpetrators of such acts and ensure that they are taken to court and that appropriate criminal penalties are applied to them. Please provide information on any progress achieved in this regard, and on the measures adopted for the effective implementation of the national policy of transitional justice, of Act No. 22/065 establishing the fundamental principles for the protection and compensation of victims and of the National Fund for the Compensation of Victims of Conflict-related Sexual Violence.

Article 25. Criminal penalties. Further to its requests concerning the adoption of legislative provisions establishing adequate criminal penalties for the exaction of forced labour, the Committee welcomes the adoption of Act No. 22/067 of 26 December 2022 amending and supplementing the Decree of 30 January 1940 issuing the Penal Code in relation to the prevention and repression of trafficking in persons, which criminalizes and establishes the penalties applicable for forced labour and slavery-like practices. The Act provides, among other provisions, for: (i) a principal sentence of penal servitude of from eight to 20 years and a fine for slavery-like practices (section 68 of the Penal Code); and (ii) a principal sentence of penal servitude of from five to ten years and a fine for forced labour, and from seven to 12 years for conditions of work and/or accommodation that are incompatible with human dignity, and longer sentences in the event of aggravating circumstances (new section 68 septies of the Penal Code). The Act also criminalizes debt bondage (new section 68 octies of the Penal Code), forced begging (new section 68 nonies of the Penal Code) and forced recruitment in an armed group (new section 68 decies of the Penal Code). The Committee requests the Government to provide information on the measures taken to bring Act No. 22/067 of 26 December 2022 to the knowledge of the competent authorities, including those responsible for the implementation of transitional justice, and to make them aware of the new provisions of the Penal Code which define the constituent elements of these various forced labour practices. It also requests the Government to provide information on the number of investigations, prosecutions, convictions and the penalties imposed under these sections of the Penal Code.

The Committee is raising other matters in a request addressed directly to the Government.