LGBT rights in the Democratic Republic of the Congo

This article is about the Democratic Republic of the Congo (formerly Zaire). For the Republic of the Congo (also known as Congo-Brazzaville), see LGBT rights in the Republic of the Congo.
LGBT rights in the Democratic Republic of the Congo Democratic Republic of the Congo
Same-sex sexual intercourse legal status Legal[1]
Discrimination protections No[2]
Family rights
Recognition of
relationships		 No
Adoption No[3]

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Democratic Republic of the Congo may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal.

Laws regarding same-sex sexual activity

Same-sex sexual activity is legal in the Democratic Republic of the Congo. Age of consent is equal, regardless of sex.[1] Homosexual acts have never been explicitly outlawed in the country's history. Before the foundation of the state in 1960, the Democratic Republic of the Congo was ruled by the European colonial power Belgium. In Belgium, homosexual acts were decriminalized in 1794.

Although same-sex sexual activity is legal, the U.S. Department of State's 2010 Human Rights Report found that "individuals engaging in public displays of homosexuality were subject to prosecution under public decency provisions in the penal code and articles in the 2006 law on sexual violence."[2]

Recognition of same-sex relationships

There is no legal recognition of same-sex unions. The first paragraph of article 40, in the current Congolese constitution, states that "Every individual has the right to marry the person of their choice, of the opposite sex".[4]

Discrimination protections

There is no anti-discrimination law protecting sexual orientation.[2]

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "homosexuality remained a cultural taboo, and while harassment by state security forces continued, there were no reports during the year of police harassing gays and lesbians or perpetrating or condoning violence against them."[2]

Summary table

Same-sex sexual activity legal (Always legal)
Equal age of consent (Since 2006)
Anti-discrimination laws in hate speech and violence
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Same-sex marriage (Constitutional ban since 2005)
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

  1. 1 2 "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016. Retrieved 19 May 2016.
  2. 1 2 3 4 DEMOCRATIC REPUBLIC OF THE CONGO
  3. ↑ Congo (République Démocratique)
  4. ↑ (in French) Constitution de la République Démocratique du Congo Archived 12 August 2006 at the Wayback Machine.
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