Legislation
The country ratified the Framework Convention on Tobacco Control (FCTC) in 2005 and in 2018 adopted the Public Health Framework Law including tobacco control provisions. However, certain provisions, such as updating tobacco packaging and labeling rules, have yet to be implemented.
The public health framework law is limited to setting out general principles. For the law to be applied effectively, regulatory measures on tobacco control need to be adopted in the form of decrees or ministerial orders. These regulatory measures are not yet fully developed.
This page gives an overview of the country’s smoke-free legislation, its history, level of enforcement and future prospects.
Key conceptsof legislation in the DRC
Definitions of key concepts in DRC legislation:
- A law is a legislative measure passed by the National Assembly (Parliament), either on the government’s initiative (bill) or on the initiative of a member of parliament (private member’s bill).
- An ordinance is a measure taken by the President of the Republic, in an area where the law should normally take precedence.
- A decree is a regulatory act issued by the Prime Minister.
- An order is a regulatory decision by the Minister, signed by the minister or by an official delegated for this purpose.
- Like directives, memos and other instructions, circulars are used to set out the principles of a policy, establish the rules governing the operation of departments and comment on or guide the application of laws and regulations. They are signed by the Minister or by an official delegated for this purpose.
Evolutionof tobacco control legislation in the DRC
Over the past three decades, the DRC has developed and implemented regulatory measures aimed at reducing the consumption of tobacco products in the country
. However, numerous challenges prevent these measures from having the desired impact . In this page we present the main legislative texts, a brief assessment of their application and needs that have been identified for future legislative work.Evolution of tobacco control legislation in the DRC
Public health legislation on tobacco control in the DRC
Customs and excise legislation on tobacco control in the DRC
1968 : Ordinance-Law
Ordinance-Law n° 68/010/ 06/January/1968 related to taxation of cigarettes and alcoholic beverages.
Article 6 sets out the specific tax arrangements for tobacco in Zaire (now the DRC).
2008 : Amendment
Ordinance-law no. 08/002 of May 16, 2008 amending Ordinance-law no. 68/010 of January 6, 1968.
Amends and supplements Ordinance-Law no. 68/010 of January 06, 1968 on excise and consumption duties and the regime governing alcoholic beverages.
2012 : Ordinance-Law
Ordinance-Law N°007/2012
Relates to the excise code, ordinance law no 011/2012 of September 21, 2012 instituting a new tariff of import duties and taxes.
2018 : Decree
Decree no. 18/045 of December 04, 2018
Relates to measures to implement Ordinance-Law no. 18/002 of March 13, 2018 on the Excise Code for alcohol and tobacco products.
2018 : Law
Law no. 18/002, the Excise Code Act
Establishes (among other things) financial and fiscal measures to reduce demand for tobacco, as well as those relating to tobacco supply.
2018 : Ministerial order
Ministerial order n°C38/CAB/MIN/FINANCES/2018
Accompanies the implementation of the previous law (Excise Code). Notably: 1) Affixing of official tax signs on cigarette packs; 2) Introducing excise duty on tobacco and its by-products (including electronic cigarettes) at 20% of the value plus import duty.
2020 : Ministerial Order
Ministerial Order n°CAB/MIN/FINANCES /2020/009 of April 16, 2020
Relates to the implementing measures of Ordinance-Law No. 18/002 of March 13, 2018 on the Excise Code: Application of the implementing measures of the Excise Code.
2021 : Decision
Decision n°DG/DGDA/DG/2021/108/ of 07/26/2021
Relates to measures to implement Ordinance-Law no. 18/002/ of March 13, 2018 on the excise code and the implementation of the excise duty traceability system.
Applicationof legislation
The main tobacco control measures in the DRC concern:
- Smoke-free spaces
- Sponsorship advertising and tobacco promotion
- Packaging and labeling
- Tobacco taxation
Assessment of tobacco control enforcement in the DRC 3
Smoke-free spaces
Not respected: 59%
- Smoking banned in enclosed public places (public transport, sports facilities)
Not respected: 68.8%
- Designated smoking areas in bars and restaurants
Respected: 45.4%
- Smoking ban in healthcare facilities
Tobacco advertising, sponsorship and promotion
Not respected: 37.7%
- Ban on indirect advertising
Not respected.
- Tobacco sponsorship ban
Respected: 50%
- Ban on advertising on TV, radio, billboards and print media
Tobacco packaging and labeling
Measures not yet developed
- Graphic health warnings 50% on tobacco packets
Respected: 50.5%
- Graphic health warnings on 30% on tobacco packs
Respected. Except for new tobacco products (shisha packs, etc.) and illicit tobacco
- Ban on misleading terms on tobacco packaging, such as “light” and “weak”.
Tobacco taxation
Not respected
- The tobacco tax system in the DRC accounts for 75% of retail prices 4
3 The assessment of the level of application is based on observations made in the field by the TCDI team.
4 Taxation is ad valorem (the tax depends on the declared value of tobacco products). Total taxation is 58% (of which total excise 38%).
Horizonsfor future measures
Several regulatory measures need to be developed or updated in accordance with the new framework law on public health in the Democratic Republic of Congo n°18/035 of December 2018 :
Summary of measures planned in the public health framework law5 of December 2018
Measures planned in the Public Health Framework Act
Under development
- Improve measures to regulate smoke-free environments to protect people from the harmful effects of second-hand smoke (passive smoking).
- Improve advertising, promotion and sponsorship measures (including indirect and cross-border tobacco advertising).
- Adoption of the Protocol on the Elimination of Illicit Trade by DRC Parliament.
Not yet started
- Create a national service to combat drug addiction.
- Introduce graphic health warnings with images instead of the current health text.
- Increase the size of graphic health warnings from 30% to 50% on the front and back of cigar and cigarette packaging.
- Other measures in accordance with the Framework Convention on Tobacco Control 6.
5 This analysis is updated to April 24, 2024.
6 Article 110 of the framework law stipulates that the production, marketing and consumption of tobacco products are subject to the relevant provisions of the FCTC, to which the DRC is a party. The ministers responsible for public health, trade and industry take the necessary measures to implement this convention.
