Lesbian, gay, bisexual, and transgender (LGBT) people in the Democratic Republic of the Congo (DRC) face discrimination and legal challenges not experienced by non-

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is a ...

residents. Same-sex sexual activity is legal for both males and females in the

Democratic Republic of the Congo The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, DR Congo, the DRC, the DROC, or the Congo, and formerly and also colloquially Zaire, is a country in ...

, although LGBT individuals may still be targeted for prosecution under public indecency provisions on occasion. Homosexuality is generally considered immoral, a view espoused and promoted by church groups influential within the DRC. LGBT persons experience discrimination and hostility and are commonly stigmatised by the wider community and officials. Same-sex couples, and households headed by same-sex couples, are not eligible for the same legal protections available to opposite-sex couples.

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. 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 Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...

. In Belgium, homosexual acts were decriminalized in 1794. The

U.S. Department of State The United States Department of State (DOS), or State Department, is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the country's fore ...

's 2021 Human Rights Report found that individuals who publicly engaged in same-sex consensual activities, such as, for example, kissing, were sometimes prosecuted under public indecency provisions "which were rarely applied to opposite-sex couples."

Recognition of same-sex relationships

There is no legal recognition of same-sex unions. There has been a constitutional ban on

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...

, since 2006. 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".

Discrimination protections

There is no anti-discrimination law protecting

sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...

Transgender rights

Trans women in the DRC are believed by many to be "sorcerers" and responsible for much of the country's ills, leading to significant violence and discrimination against them.

Living conditions

The

's 2021 Human Rights Report found that: In comparison, the State Department's report for 2010 said: "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."

Summary table

Public opinion

In 2014, 98% of Congolese said they were against same-sex marriage while only 2% supported it.

References

LGBT in the Democratic Republic of the Congo

Congo, Democratic Republic of the The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, DR Congo, the DRC, the DROC, or the Congo, and formerly and also colloquially Zaire, is a country in ...

Human rights in the Democratic Republic of the Congo Law of the Democratic Republic of the Congo {{DRCongo-stub