** The application of the Maputo Protocol in the Democratic Republic of Congo: towards a reform of the legal framework for abortion? **
The Democratic Republic of Congo (DRC) ratified in 2018 the Maputo Protocol, an important legal instrument which commits states to recognize and protect the rights of women, in particular their right to a secure abortion in critical situations such as rape, incest or when pregnancy threatens health. However, the effective application of this protocol still seems to be a challenge for the country, in particular with regard to access to secure abortion services.
** A legal framework in changing **
Currently, the Congolese penal code considers abortion as a crime, which considerably complicates respect for international commitments made by the DRC. This dichotomy between national legislation and international standards not only creates legal insecurity for women, but also for health professionals who strive to act in compliance with women’s rights.
Dr. Mboma Michael, doctor and consultant for the international NGO IPAS, underlines the importance of this issue. During a workshop organized in May 2025 in Kinshasa, he said that this legal insecurity places women as well as care providers in a gray area where legal proceedings are possible, even in the event of actions in accordance with fundamental rights guaranteed by the protocol.
** Initiatives to advance **
Faced with these obstacles, Ipas’ initiative in collaboration with the Superior Council of Magistracy and the Ministry of Justice aims to raise awareness and train members of the Standing Congolese Law Reform Commission (CPRDC) on the issues related to secure abortion. By transforming attitudes and clarifying the values around this question, the NGO hopes to establish a solid base to integrate the provisions of the Maputo protocol in the penal code.
This educational approach, which includes sessions to clarify values and transformation of attitudes (CVTA), shows a desire to go beyond simple legislative reform by promoting an understanding of socio-cultural issues related to abortion. This substantive work is essential to transform the perceptions of decision -makers and actors in law.
** A complex context **
The socio -cultural context in the DRC plays an essential role in the acceptance and application of laws relating to women’s rights. The prejudices and stigma associated with abortion are rooted in cultural standards which can influence the decisions of law professionals as well as political leaders. How to reconcile these realities with international commitments?
Reforms must therefore be envisaged not only in terms of legislative texts, but also from a broader perspective which recognizes and addresses these socio -cultural challenges. Awareness and education are crucial tools to develop mentalities, but they require time and perseverance.
** Towards a lasting reform? **
The long -term objective of this initiative is to offer women in the DRC the rights due to them within the framework of international rules, guaranteeing access to secure abortion when the conditions allow. This seems an imperative necessity having regard to the challenges of public health and human rights at stake.
The inclusion of educational tools such as the facilitation guide on the Maputo protocol is a significant step forward. This guide can serve as a reference for law professionals by providing them with keys to interpret and apply standards that could transform the legal landscape into the DRC.
** Reflections for the future **
However, it remains to be asked how to maintain this dynamic and strengthen collaboration between the various actors concerned. What place for civil society in this debate? How to involve local communities in the acceptance and implementation of the standards provided for by the Maputo protocol?
Ultimately, the issue exceeds the strictly regulatory framework. It is a question of building a human rights culture in the DRC, where the reproductive health of women is recognized, respected and protected. The path is strewn with pitfalls, but initiatives like those led by Ipas can, hopefully, open new perspectives and lead to a lasting legal reform which aligns not only on international commitments, but also with the basic needs of Congolese women.