LGBT Rights in Democratic Republic of the Congo

Homosexuality: ⚢
✔ Legal
Gay Marriage: ⚭
✖ Banned
Censorship: Ambiguous
Changing Gender: ✖ Illegal
Gender-Affirming Care: ✖ Restricted
Non-Binary Gender Recognition: ✖ Not legally recognized
Discrimination: ✖ Illegal in some contexts
Employment Discrimination: ✖ No protections
Housing Discrimination: ✖ No protections
Adoption: ✖ Illegal
Intersex Infant Surgery: ✖ Not banned
Military: ✖ Illegal
Donating Blood: Ambiguous
Conversion Therapy: ✖ Not banned
Age of Consent: ✔ Equal

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History

Homosexual activity in Democratic Republic of the Congo

Homosexual activity in Democratic Republic of the Congo is legal.

Current status

Since Jan 30, 1940

Legal

Homosexuality is legal in the DRC.

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Same-sex marriage in Democratic Republic of the Congo

Same-sex marriage in Democratic Republic of the Congo is banned.

Current status

Since Feb 18, 2006

Banned

The 2006 amendments to the Constitution of the Democratic Republic of the Congo explicitly prohibit same-sex marriage. Article 40 in the Dem. Rep. of Congo's constitution states "Every individual has the right to marry the person of their choice, of the opposite sex."

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Censorship of LGBT issues in Democratic Republic of the Congo

Censorship of LGBT issues in Democratic Republic of the Congo is ambiguous.

Current status

Ambiguous

The U.S. Department of State's 2021 Human Rights Report found that
While no law specifically prohibits consensual same-sex sexual conduct between adults, individuals engaging in public displays of consensual same-sex sexual conduct, such as kissing, were sometimes subject to prosecution under public indecency provisions, which were rarely applied to opposite-sex couples. A local NGO reported authorities rarely took steps to investigate, prosecute, or punish officials who committed abuses against LGBTQI+ persons, whether in the security forces or elsewhere in the government.
Identifying as LGBTQI+ remained a cultural taboo. LGBTQI+ individuals were subjected to harassment, stigmatization, and violence, including "corrective" rape. Some religious leaders, radio broadcasts, and political organizations played a key role in supporting discrimination against LGBTQI+ individuals.

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Right to change legal gender in Democratic Republic of the Congo

Right to change legal gender in Democratic Republic of the Congo is illegal.

Current status

Illegal

There is no laws allowing you to change your legal gender in DRC.

Details

Gender-affirming care in Democratic Republic of the Congo

Gender-affirming care in Democratic Republic of the Congo is restricted.

Current status

Restricted

In the Democratic Republic of the Congo (DRC), there are no specific laws regulating gender-affirming care. Access to such care may be limited due to various factors, including societal stigma, lack of awareness among healthcare providers, and limited resources within the healthcare system. Additionally, there may be a lack of specific legal protections or regulations regarding gender-affirming treatments or procedures. As a result, individuals seeking gender-affirming care in the DRC may face challenges in accessing appropriate and comprehensive healthcare services.

Details

Legal recognition of non-binary gender in Democratic Republic of the Congo

Legal recognition of non-binary gender in Democratic Republic of the Congo is not legally recognized.

Current status

Not legally recognized

As there is no protocol for legal gender changes in DR Congo, non-binary self-identification is defacto not recognized.

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LGBT discrimination in Democratic Republic of the Congo

LGBT discrimination in Democratic Republic of the Congo is illegal in some contexts.

Current status

Since 2008

Illegal in some contexts

There are limited legal provisions that protect homosexual people.

Articles 3 and 4 of the Law on the Protection of the rights of people living with HIV/AIDS and of those affected (2008) prohibit acts of stigmatization and discrimination against people living with HIV/AIDS, their sexual partners, their children or parents based on their “proven or suspected HIV status”. Among those protected by the law under the category of “vulnerable groups”, Article 2(5) includes “homosexuals”.

Article 132 of Law 20/017 (2020) states: "The collection and processing of personal data revealing racial, ethnic or regional origin, parentage, political opinions, religious or philosophical beliefs, trade union membership, sexual life, genetic data or, more generally, data relating to the state of health of the person concerned is prohibited."

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LGBT employment discrimination in Democratic Republic of the Congo

LGBT employment discrimination in Democratic Republic of the Congo is no protections.

Current status

No protections

Employment discrimination against LGBT people is not restricted and is reportedly quite widespread.

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LGBT housing discrimination in Democratic Republic of the Congo

LGBT housing discrimination in Democratic Republic of the Congo is no protections.

Current status

No protections

Housing discrimination against LGBT people is not legally restricted.

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Same-sex adoption in Democratic Republic of the Congo

Same-sex adoption in Democratic Republic of the Congo is illegal.

Current status

Illegal

Article 653 of the Congolese Family Code prohibits the adoption of a child by, among others, “homosexuals or transsexuals”.

Also, article 20 of Law No. 09/001 on the Protection of the Child (2009) prohibits the adoption of a child by a homosexual couple in the same way as paedophiles and persons with psychological disorders.

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Intersex infant surgery in Democratic Republic of the Congo

Intersex infant surgery in Democratic Republic of the Congo is not banned.

Current status

Not banned

There is no ban on surgeries performed on intersex infants in Democratic Republic of Congo.

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Serving openly in military in Democratic Republic of the Congo

Serving openly in military in Democratic Republic of the Congo is illegal.

Current status

Illegal

Not a single country in Africa allows trans military service

Details

Blood donations by MSMs in Democratic Republic of the Congo

Blood donations by MSMs in Democratic Republic of the Congo is ambiguous.

Current status

Ambiguous

There are no official sources from the Ministry of Health regarding the requirements for donating blood. The hostile situation regarding access to health care for LGBT people makes it unlikely that they can donate blood without facing legal and social discrimination.

Details