Abortion in the Republic of the Congo

In the Republic of the Congo, abortion is illegal in all cases. The law, based on that of France, sets fines and prison sentences for abortions, but these are rarely enforced. Abortion is common, particularly among young women, with the highest rates in Niari and Pointe-Noire. Illegal providers in Brazzaville, known as manganguistes, sell abortion pills and perform abortions. Unsafe abortion contributes to maternal mortality. Activists and doctors have advocated for legalizing abortion, while other activists have led anti-abortion campaigns.

Legislation

Article 317 of the penal code of the Republic of the Congo bans abortion on all grounds. Providing an abortion is punishable by a prison sentence of 120 thousand to 2.4 million francs, or 1.2 to 4.8 million francs for repeat offenses. Receiving or assisting in an abortion is punishable by six months to two years in prison and a fine of 24 to 480 thousand francs. Health workers who provide materials or recommendations for abortion may be punished by six months to two years in prison and a fine of 240 thousand to 2.4 million francs.[1] An abortion may be legal if authorized by a committee.[2] As a colony of France, Congo inherited France's abortion law, and it retains Article 317 of the French Penal Code of 1810.[3] Abortion is also prohibited by Article 2 of the family code and Article 8 of the code of ethics for social affairs professions.[4] The country is a party to the Maputo Protocol, which includes a right to abortion on certain grounds, but its law is not in line with the treaty.[5]

Prevalence

The estimated annual abortion rate in Congo in 2015–2019 was 54,700, equating to 43% of unintended pregnancies or 21% of all pregnancies. This rate had decreased by 15% since 1995–1999 after having increased by 11% since 1990–1994, equating to an unchanging proportion of unintended pregnancies.[6] Unsafe abortion contributes to the country's high maternal mortality rate.[7] The country does not have official abortion statistics.[8]

In Brazzaville, abortions are commonly provided by illegal vendors of abortion pills or herbal products, known as manganguistes. As of 2020, they provide nearly 80% of the city's abortions, with many conducting the procedure themselves in their homes or offices.[9] Illegal abortions in the city cost 10,000 to 50,000 francs (15 to 76 euros), as of 2024.[10] Abortion products sold by mangaguistes cost 100 to 10,000 francs as of 2020, lower than the cost in licensed pharmacies.[11] Illegal abortion products are often unsafe.[8]

As of 2021, 60% of women of reproductive age have ever had abortions.[12] A 2012 Ministry of Health report said that, of 10,000 women surveyed, 23% had had abortions.[5] Abortion rates are highest in the departments of Niari and Pointe-Noire, at over three-quarters of women, as of 2017. The most likely women to have abortions are under 30, married, urban, upper-class, or educated.[13] A 2015 survey found that 31.3% of young women had had abortions.[14] The most common motives for abortions are desire to space births and inability to afford a child; other motives include influence of partners and desire to continue work or education.[15]

Illegal abortions in the country are almost never prosecuted.[8] The activist group Avenir-Nepad-Congo aims to educate the public about abortion and increase availability of medical abortion.[4] Some doctors have also advocated for abortion reform.[16] Anti-abortion movements have led fake news campaigns targeting youth.[4]

See also

References

  1. ^ "Country Profile: Congo". Global Abortion Policies Database. World Health Organization. 11 May 2022. Retrieved 24 June 2025.
  2. ^ Knoppers, Brault & Sloss 1990, pp. 913–914.
  3. ^ Knoppers, Brault & Sloss 1990, p. 897, 908.
  4. ^ a b c Ibara, Fortuné; Gotène, Marcelle (27 September 2018). "Santé reproductive : l'association Avenir-Nepad-Congo milite pour la dépénalisation de l'avortement médicalisé" [Reproductive health: the association Avenir-Nepad-Congo advocates for decriminalization of medical abortion]. Agence d'Information d'Afrique Centrale (in French). Retrieved 3 July 2025.
  5. ^ a b "En Afrique, les militants d'une autorisation de l'avortement craignent un recul" [In Africa, activists supporting the legalization of abortion fear a setback]. Radio France Internationale (in French). 26 June 2022. Retrieved 3 July 2025.
  6. ^ "Country profile: Congo". Guttmacher Institute. 2022. Retrieved 24 June 2025.
  7. ^ Mbou Essie et al. 2020, p. 3.
  8. ^ a b c Martial, Loïcia (28 September 2023). "Droit à l'avortement: une grande disparité sur le continent africain" [Right to abortion: a large disparity on the African continent]. Radio France Internationale (in French). Retrieved 3 July 2025.
  9. ^ Mbou Essie et al. 2020, pp. 3–5.
  10. ^ Martial, Loïcia (28 September 2024). "Au Congo-Brazzaville, l'avortement officiellement interdit, mais pratiqué clandestinement" [In Congo-Brazzaville, abortion is officially banned but practiced clandestinely]. Radio France Internationale (in French). Retrieved 3 July 2025.
  11. ^ Mbou Essie et al. 2020, p. 4.
  12. ^ Ekholuenetale, Ekholuenetale & Barrow 2021, p. 7.
  13. ^ Chae et al. 2017, pp. 5, 7, 11; Ekholuenetale, Ekholuenetale & Barrow 2021, p. 4.
  14. ^ Oyé, Firmin (7 October 2024). "Santé maternelle : les avortements clandestins en hausse de 31,3% chez les jeunes filles" [Maternal health: clandestine abortions at a rate of 31.3% among young women]. Agence d'Information d'Afrique Centrale (in French). Retrieved 3 July 2025.
  15. ^ Ekholuenetale, Ekholuenetale & Barrow 2021, pp. 4, 9, 11.
  16. ^ Severin, Arsène (2 March 2017). "Au Congo-Brazza, les avortements sont interdits" [In Congo-Brazza, abortions are banned.]. Deutsche Welle (in French). Retrieved 3 July 2025.

Works cited

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