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

Democratic Republic of the Congo

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1969)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 2001)

Previous comment on Convention No. 111

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in employment and occupation

Articles 1, 2 and 3 (b). Discrimination in employment and occupation. Legislation. The Committee notes the adoption of Act No. 25/046 of 1 July 2025, amending and supplementing Act No. 16/013 of 15 July 2016 issuing the regulations governing career members of the State public services, which reaffirms the principle of equality of access to public employment. However, it notes with regret that the opportunity of this revision was not taken to introduce an explicit definition of direct and indirect discrimination covering all the grounds set out in the Convention at all stages of the employment cycle, and particularly recruitment. The Committee also notes the Government’s indication, in its report, that it has developed two strategies: one on the promotion of gender and equality of opportunity in the public administration, and the other on the prevention and response to cases of exploitation, abuse and sexual harassment. The Government adds that the issue of the inclusion of a definition of direct and indirect discrimination in the Labour Code will be submitted to the National Labour Council (CNT). The Committee therefore requests the Government to: (i) provide information on the application of section 4 of Act No. 25/046; (ii) introduce into the Labour Code an explicit definition of direct and indirect discrimination on all the grounds enumerated in the Convention and covering all stages of employment and occupation; and (iii) ensure that the two national strategies include the explicit prohibition of all forms of discrimination.

Articles 1 to 3. National policy for equality of opportunity and treatment. Discrimination on the basis of sex. Sexual harassment. The Government informs that the work of compiling statistical data on the application in practice of the existing provisions of the Penal Code and of Ministerial Order No. 12/CAB.MIN/TPS/114/2005 prohibiting sexual or moral harassment during the performance of the labour contract, and particularly to determine the number of cases of sexual harassment and the outcome of the procedures, will soon be undertaken by labour inspectors. The Committee notes the Government’s reference to the launch on 29 January 2025 of an awareness-raising campaign on violence and harassment in the world of work, in collaboration with the Belgian Agency for Development Cooperation (Enabel), during which great emphasis has been placed on the importance of the Violence and Harassment Convention, 2019 (No. 190), and the recommendation that supplements it (No. 206). The Government indicates that this awareness-raising is continuing to be carried out jointly with experts of the General Secretariat of Employment and Labour, the General Secretariat of Gender, the various occupational organizations of employers and workers and the Multi-Stakeholders Network on the Right to Social Protection INSPIR-RDC (International Network for Social Protection Rights – Democratic Republic of the Congo), and that the awareness-raising takes the form in particular of the production of tools. The Committee requests the Government to: (i) provide information on the impact of the awareness-raising campaign on violence and harassment at work; (ii) supplement the legislation without delay to include the definition and prohibition of hostile work environment sexual harassment, as well as prevention measures, complaint mechanisms and penalties; and (iii) collect statistical data on the cases of sexual harassment dealt with by labour inspectors and the courts and their outcome, in accordance with the Penal Code and the Ministerial Order of 2005.

Maternity leave and reinstatement of leave entitlementsin the public service. The Committee notes, according to the information provided by the Government, the Act No. 25/046 modified section 30 of the Act No. 16/013, and provides that women officials are entitled to maternity leave of a duration of 14 consecutive weeks, including at least eight weeks following confinement and that, at the request of the official, maternity leave can be extended by the duration of the ‘reinstatement of leave entitlements’ (that is the balance of the leave entitlement accrued but not taken, such as annual leave, personal leave or care leave, or long-term leave) to which the official is entitled in the same year). The Committee requests the Government to indicate whether the possibility of benefiting from “reinstatement of leave entitlements” is granted automatically at the request of the official, or whether such entitlement is subject to any criteria, and if so to specify the nature of such criteria.

Discrimination on the basis of race or ethnic origin. Indigenous peoples. The Committee notes with satisfaction the adoption of Act No. 22/030 on the protection and promotion of the rights of indigenous Pygmy peoples, promulgated on 15 July 2022. The Government indicates that the Act officially recognizes the rights of indigenous Pygmy peoples and protects them from all forms of discrimination and violence. In particular, it guarantees members of indigenous peoples: (1) the right of access to all levels of education and vocational training, employment and other resources to enable them to exercise their traditional and subsistence activities, including credit and land; (2) facilities for access to justice and basic social services; (3) the recognition of the customs, traditions and pharmaceutical substances of Pygmies that are not contrary to the law; and (4) the full enjoyment of the lands and resources within their living environments. The Committee requests the Government to provide information on: (i) the specific measures adopted under Act No. 22/030 to guarantee members of indigenous peoples access to education, vocational training, employment and the necessary resources for their traditional activities; (ii) the mechanisms ensuring effective protection against discrimination in employment and occupation, particularly in relation to remuneration; (iii) the cases of discrimination recorded by the labour inspection services and the courts, the penalties sanctions imposed, and remedies granted; and (iv) the awareness-raising activities carried out on the provisions of Act No. 22/030 for workers, employers, the enforcement authorities and the public at large.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2 (2)(a). The principle of equal remuneration for men and women workers for work of equal value. Definition of remuneration. Legislation. The Committee notes the Government’s indication that section 86 of the Labour Code, as drafted by the National Labour Council, is applied harmoniously and that up to now no complaints of inequality of remuneration between men and women have been brought to the knowledge of the competent State bodies. The Committee recalls that the concept of ‘equal value’ lies at the very heart of the fundamental right of men and women to equal remuneration and the promotion of equality, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value (2012 General Survey on the fundamental Conventions, paras 672–79). With regard to the definition of remuneration set out in section 7.8 of the Labour Code, the Government indicates that it will submit for examination to the next session of the National Labour Council the question of broadening it so that it applies not only to the ordinary, basic or minimum wage or salary, but also to “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee therefore urges the Government to take the necessary measures in the near future to give full legislative expression to the principle of equal remuneration for men and women for work of equal “value”, as set out in the Convention, and to provide information on the specific measures adopted for this purpose; and to provide information on the measures taken as a result of the examination by the National Labour Council of the question of the broadening of the definition of remuneration contained in section 7.8 of the Labour Code.

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