251. Yet, the development of the Congolese society requires the contribution of both men and
women. Women, who make up more than half of the population (52%), must participate on
an equal footing with men by accessing the job market. To date, the job market is
characterized by a high labour force penetration rate which conceals a deep under-employment
and poverty phenomenon. The labour force penetration rate is 55.89%. This rate is estimated
at 64.06% for the rural areas, as against only 43.97 in the urban areas. The distribution by
sex of these outcomes shows that in the urban areas, more men (51.06%) are employed than
women (37.44%), while in the rural areas, more women (64.11%) are employed than men
(35.89%). Since 2006, women have had a higher representation in the market with a rapid
increase in their labour force penetration rate between 2005 and 2012 (5~% in 2005 and
64.11% in 2012).
ECONOMIC AND WELFARE RIGHTS (ARTICLE 13)
252. The Government of the Democratic Republic of Congo has passed a number of legislative texts
to ensure the protection of the rights of women and particularly the working woman. In fact,
Law No. 015/2002 of 16 October, 2002 on the Labour Code contains relevant provisions for the
protection of the working woman:
Article 1 of the Labour Code has extended its scope of application to small and medium
enterprises and small and medium industries of the informal sector as well as social,
cultural, community and philanthropic organizations which use salaried Workers;
irrespective of their race, sex, civil status, religion or political opinion”: it is in these sectors
that most women work;
Articles 3 to 5:
prohibit the worst forms of child labour (boys and girls) and demand immediate action for
their elimination;
Demand the strengthening of anti-discriminatory measures directed against women and
persons with disabilities; rehabilitation of the labour courts; institutional capacity building
in the area of training and professional upgrading through the participation of professional
employers’ and workers’ organizations; creation of the appropriate occupational health
and safety structures in order to ensure the optimal protection of workers from pollution.
Among
the ILO Conventions ratified by the DRC, one can cite the following:
138 on the minimum age;
182 on the elimination of the worst forms of child
100 on equal remuneration for men and women;
111 on discrimination with regard to employment and profession.
253. In the DRC, the Labour Code sets the capacity to take up employment at sixteen years. In
this regard:
a worker is “any natural person who has attained the age of entering into a
contract, no matter his/her sex, civil status and nationality, who has undertaken
to make his professional skills available to …”, Article 7;
the following in particular cannot be valid reasons for dismissal: “race, colour, marital
status, family responsibilities, pregnancy, child delivery and its effects, religion, political
opinion, national ancestry or social origin, ethnic group and absence from work during
maternity leave” (Article 62);
under the same equal working, qualification and professional and
performance conditions, pay must be equal for all workers, no matter their
origin, sex and age. Article 86;
women and children under 18 and persons with disabilities cannot work at night
in public or private industrial establishments…. Article 125;
orders of the Minister of Labour and Social Welfare issued upon the advice of the
National Labour Council determine the working conditions of women, children and
persons with disabilities, and particularly define the nature of the types of work
they are not allowed to do. .Article 128;
maternity cannot be a source of discrimination in employment. It is particularly
prohibited to require a woman applying for a job to take a pregnancy test or to
present a certificate testifying to the state of pregnancy or otherwise, except for
jobs which are entirely or partially forbidden for pregnant or breast-feeding
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