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 concepts
of 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.
Evolution
of 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
Relating to excise and consumption duties and the regime for alcoholic beverages. Article 6 sets out the specific taxation of tobacco in Zaire (now the DRC).
Public health legislation on tobacco control in the DRC
| Name | Year | Description | Download |
|---|---|---|---|
| Ministerial order 04/DIP/005/90 | 1990 | Sets the criteria for assessing tobacco and alcoholic beverage advertising, and covers many aspects of tobacco control, including but not limited to: restrictions on smoking in public places, the production and sale of tobacco products, and tobacco packaging and labeling measures. |  |
| Ministerial Order N°04/MCP/009/2002 | 2002 | Supplements and reinforces the previous decree (n°04/DIP/005/90) on advertising measures for tobacco and alcohol products. | |
| Ministerial order n°1250/CAB/MIN/S/CJ/025 | 2003 | Concerns the creation of the Programme National de Lutte Contre la Toxicomanie et Substances Toxiques (PNLCT) responsible for tobacco control under the Minister of Health. | |
| Ministerial order no. 084/CAB/MIN/FINANCES/2003 | 2003 | Specific taxation and introduction of vignettes on manufactured tobacco (cigarettes, etc.). | |
| Ratification of the WHO FCTC. | 2005 | The FCTC was signed in 2004, ratified in 2005 and came into force in 2006. This convention sets out measures to protect against the harmful effects of smoking. After ratification, the country undertakes to adopt laws and regulatory measures in line with the FCTC. | |
| Ministerial Order N°1250/CAB/MIN/SP/010/AQ/2007 | 2007 | Sets out three key measures: 1) consumption of tobacco and its derivatives; 2) labeling of cigarette packs; 3) tobacco inspection (level of tar nicotine indicated on the pack). | |
| Ministerial order n°008/CAB/MIN.INFO.PRES & COM.NAT./2007 | 2007 | Sets criteria for advertising tobacco and alcoholic beverages. | |
| Circular note n°1181/2008 | 2008 | Defines the conditions for the sale of tobacco products in the DRC: 1) manufacturing and expiry dates; 2) product conformity tests; 3) identification of tobacco growers; 4) registration of brands with the PNLCT. | |
| FCTC Protocol for the Elimination of Illicit Trade | 2013 | Sanctioned the signing of the Protocol for the Elimination of Illicit Tobacco Trade by the DRC, a prerequisite for ratification. | |
| Law n°18/035, Public Health Framework Law with tobacco control provisions | 2018 | Sets out the fundamental principles of public health organization, including tobacco control measures. | |
| Ministerial Order n°1250/CAB/MIN/SPHP/041/DCA/PNLCT/2022 | 2022 | Du 26/11/2022- Prohibits the advertising, promotion and sponsorship of tobacco, tobacco products and their derivatives, and smoking in public places. | |
Customs and excise legislation on tobacco control in the DRC
| Name | Year | Description | Download |
|---|---|---|---|
| Ordinance-Law n° 68/010/ 06/January/1968 related to taxation of cigarettes and alcoholic beverages. | 1968 | Article 6 sets out the specific tax arrangements for tobacco in Zaire (now the DRC). | |
| Ordinance-law no. 08/002 of May 16, 2008 amending Ordinance-law no. 68/010 of January 6, 1968. | 2008 | Amends and supplements Ordinance-Law no. 68/010 of January 06, 1968 on excise and consumption duties and the regime governing alcoholic beverages. | |
| Ordinance-Law N°007/2012 | 2012 | Relates to the excise code, ordinance law no 011/2012 of September 21, 2012 instituting a new tariff of import duties and taxes. | |
| Decree no. 18/045 of December 04, 2018 | 2018 | Relates to measures to implement Ordinance-Law no. 18/002 of March 13, 2018 on the Excise Code for alcohol and tobacco products. | |
| Law no. 18/002, the Excise Code Act | 2018 | Establishes (among other things) financial and fiscal measures to reduce demand for tobacco, as well as those relating to tobacco supply. | |
| Ministerial order n°C38/CAB/MIN/FINANCES/2018 | 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. | |
| Ministerial Order n°CAB/MIN/FINANCES /2020/009 of April 16, 2020 | 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. | |
| Decision n°DG/DGDA/DG/2021/108/ of 07/26/2021 | 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. |
Application
of 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
| Anti-smoking legislation | Key Measures | Level of application (Survey in Kinshasa, n=99) | |
|---|---|---|---|
Smoke-free spaces | Smoking banned in enclosed public places (public transport, sports facilities) |  | Not respected: 59% |
| Smoking ban in healthcare facilities |  | Respected: 45.4% | |
| Designated smoking areas in bars and restaurants | | Not respected: 68.8% | |
Tobacco advertising, sponsorship and promotion | Ban on advertising on TV, radio, billboards and print media | | Respected: 50% |
| Ban on indirect advertising | | Not respected: 37.7% | |
| Tobacco sponsorship ban | | Not respected. | |
Tobacco packaging and labeling | Graphic health warnings on 30% on tobacco packs | | Respected: 50.5% |
| Graphic health warnings 50% on tobacco packets | Measures not yet developed | ||
| Ban on misleading terms on tobacco packaging, such as “light” and “weak”. | | Respected. Except for new tobacco products (shisha packs, etc.) and illicit tobacco | |
Tobacco taxation | The tobacco tax system in the DRC accounts for 75% of retail prices 4 | | Not respected. |
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%).
Horizons
for 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 | Not yet started |
|---|---|
| Improve measures to regulate smoke-free environments to protect people from the harmful effects of second-hand smoke (passive smoking). | Create a national service to combat drug addiction. |
| Improve advertising, promotion and sponsorship measures (including indirect and cross-border tobacco advertising). | Introduce graphic health warnings with images instead of the current health text. |
| Adoption of the Protocol on the Elimination of Illicit Trade by DRC Parliament. | 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.
