Same-sex sexual activity legal? Legal Recognition of
relationships No | Discrimination protections No Adoption No | |
 | ||
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.
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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. 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."
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".
Discrimination protections
There is no anti-discrimination law protecting sexual orientation.
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."