DR Congo

REC MEMBERSHIP – COMESA, EAC, ECCAS, SADC, OHADA

DR Congo Ibrahim Index of African Governance (IIAG)

Overall Governance score: 32.8 (/100) Rank: 48th (out of 54 countries)

The estimated population of the Democratic Republic of the Congo (DRC) is 112,728,045 as of 27 June 2025, based on Worldometer’s elaboration of the latest United Nations data.

The DRC ranks 15th in the world in terms of population size. The population is projected to reach 112,832,473 at mid-year.

The informal economy in the DRC is extensive and represents a significant portion of economic activity and employment.

It is estimated to account for:

• around 42% of GDP
• over 80% of total employment

This indicates that a substantial share of economic activity in the DRC occurs outside formally regulated economic structures.

The legal system of the Democratic Republic of the Congo is a mixed legal system, combining elements of:

• civil law, strongly influenced by the Belgian legal system inherited during the colonial period
• customary law, particularly in matters relating to personal status, land and property rights within traditional communities

The DRC has been a member of the International Labour Organization (ILO) since 1960.

The DRC Decent Work Country Programme (DWCP) is a framework developed by the ILO in collaboration with:

• the Government of the DRC
• employers’ organisations
• workers’ organisations

The current DWCP covers the period 2021–2024 and has been extended to 2026.

The DRC’s human rights framework provides protections for workers’ rights, including:

• freedom of association
• collective bargaining
• protection against forced labour
• protection against child labour
• the right to acceptable working conditions

The national labour law framework applies to all workers and employers operating within the territory of the DRC, regardless of their background or the nature of their employment relationship.

This protection also extends to public sector workers employed under contractual arrangements.

• Labour Code (Act No. 015/2002 of 16 October 2002)
  • Prohibits discrimination based on race, gender, language or social status. (Art. 1)

Social protection systems in the DRC continue to evolve.

Recent reforms aim to expand coverage, particularly in healthcare and maternity protection.

Relevant legal instruments include:

• Labour Code (Act No. 015/2002 of 16 October 2002)
  • Provisions relating to worker protection and maternity rights. (Arts. 112(b), 176, 178, 179)

• Act No. 16-009 of 15 July 2016 establishing the General Social Security System
  • Establishes the framework for national social security coverage. (Arts. 1, 34, 40–47, 104, 106, 123)

A free maternity scheme has also been implemented in Kinshasa as part of broader social protection reforms.

See sector-specific regulation below.

• Ministerial Order No. 3/61 of 16 August 1961 relating to social security for domestic workers and the payment of contributions

• This Order governs the collection, by the National Social Security Institute, of contributions due in respect of pensions and occupational risks for domestic workers. (Art. 1)

• Domestic workers are defined as workers employed exclusively by the employer either for the purposes of the household or in the employer’s personal service, regardless of the name given to them. (Art. 2)

• Contributions are due for each month during which there is:
  • a period of actual service
  • paid leave
  • or any other period during which the employer must pay all or part of remuneration. (Art. 3)

• Ministerial Order No. 146/CAB/MINETAT/MTEPS/01/2018 of 10 November 2018

• Lays down the conditions for employer registration, worker registration, contribution collection and benefit payment.

• All workers covered by the Labour Code, including domestic workers, must be covered by the general social security scheme for all branches. (Art. 3)

• Ministerial Decree No. 68/12 of 17 May 1968 – Weekly Rest

• Domestic workers may be employed on Sundays provided they receive compensatory rest on another day of the week. (Art. 7(2))

• Ministerial Decree No. 68/11 of 17 May 1968 – Overtime Pay

• Domestic workers may perform up to 54 hours per week in cases of intermittent work. (Art. 13)

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• Ordinance No. 73/A.E. of 11 September 1934 regulating street vendors

• Street vendors are defined as mobile merchants transporting goods intended for sale to consumers. (Art. 3)

• Registration must be made verbally or by registered mail and renewed every six months. (Art. 2)

• Territorial administrators determine cases where itinerant traders may be exempt from registration. (Art. 4)

• Local authorities determine areas where mobile trade is restricted. (Art. 1)

• Legislative Ordinance No. 90-046 of 8 August 1990 regulating small businesses

• Small-scale trade includes activities where the monthly turnover does not exceed 400,000 CF. (Art. 3)

• Certain micro-vendors (peanut sellers, cigarette sellers, shoe shiners, newspaper vendors, small home vendors) are exempt from licence requirements if income does not exceed 10,000 CF. (Art. 5(2))

• Legislative Ordinance No. 13-009 of 23 February 2013

• Small-scale trade requires an annual administrative licence rather than registration in the trade register. (Art. 1)

• Act No. 13-022 of 26 June 2013

• Ratifies Legislative Ordinance No. 013-009 of 23 February 2013. (Art. 1)

• Decree No. 011/37 of 11 October 2011

• Establishes protective measures relating to small-scale and retail trade.

• Small-scale trade is reserved for Congolese nationals. (Art. 1)

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• Act No. 11-009 of 9 July 2011 relating to environmental protection

• Any person producing or holding domestic, industrial, craft, medical or pharmaceutical waste must manage it according to the provisions of the Act.

• A decree adopted by the Council of Ministers will establish standards for:
  • storage
  • recycling
  • processing
  • disposal of waste. (Art. 58)

• The State must minimise the production of hazardous waste.

• Persons managing hazardous waste must possess appropriate facilities and technical capacity.

• Responsible persons must take measures to prevent environmental pollution. (Art. 59)

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• Ministerial Order No. 146/CAB/MINETAT/MTEPS/01/2018

• All workers covered by the Labour Code, including home workers, must be compulsorily covered by the general social security scheme. (Art. 3)

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• Ministerial Order No. 146/CAB/MINETAT/MTEPS/01/2018

• Casual or daily workers are also required to be covered by the general social security scheme. (Art. 3)

• Decree No. 05/176 of 24 November 2005

• Establishes the National Social Protection Support Programme (PNPS).

• Includes projects aimed at creating mutual health insurance schemes for informal workers. (Art. 19(3))

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• 2002 Mining Code

• Regulates artisanal and small-scale mining and the sale of minerals extracted from such operations.

• Constitution of 18 February 2006

• Guarantees the right to private initiative and promotes artisanal and small-scale economic activities.

• Legislative Ordinance No. 22-031 of 8 September 2022

• Establishes the legal framework for the promotion of small-scale businesses, including artisanal mining activities.

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• Ministerial Order No. 409/CAB/MIN/TVC/0012/2007 of 20 April 2007

laying down the terms and conditions for vehicles used for the public transport of persons in the Democratic Republic of the Congo.

• Paid public transport of persons refers to transport carried out by collective taxi, taxibus, bus or coach in return for payment of a fare fixed in advance by a tariff order issued by the Minister of the Economy or the Provincial Governor, as the case may be. (Art. 2)

• Drivers or attendants of taxi-buses, buses, autobuses and autocar services operating on interprovincial routes or between towns within the same province must maintain a passenger and goods register.

A copy of the register must be submitted before departure to the Transport and Communication Routes office nearest to the boarding stop. (Art. 17)

• Ordinance No. 62-261 of 21 August 1958

establishing safety requirements for drivers of motor vehicles used for the carriage of passengers.

• All drivers transporting passengers, whether for remuneration or free of charge, must hold a selection certificate.

• Operators must verify that drivers hold the certificate issued by the Provincial Director of Public Works, following:
  • examinations testing knowledge of traffic regulations
  • a medical examination conducted by a government-designated doctor. (Arts. 2–4)

• Decree of 7 January 1958 relating to the Carriage of Passengers by Motor Vehicle

• Any paid transport of passengers by motor vehicle travelling on roads, with or without trailers, requires prior authorisation. (Art. 2)

• Order No. SC/0104/CAB/GVK/GNM/LEM/2023 of 22 March 2023

establishing public transport fares and official routes within the City of Kinshasa.

• Drivers must permanently display fares and routes inside the vehicle.

• Drivers must carry the following documents:

• vehicle registration certificate (pink card)
• insurance certificate
• transport authorisation
• roadworthiness certificate
• valid national driving licence
• proof of payment of vehicle tax
• proof of payment of the special road tax for the current financial year
• proof of payment of parking tax in a public car park designated by the City of Kinshasa

(Art. 3)

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