LGBT rights in the Democratic Republic of the Congo
- LGBT rights in the Democratic Republic of the Congo
"This article applies to the Democratic Republic of Congo, formerly Zaire, not the Republic of Congo, also known as Congo-Brazzaville."
There are no specific laws against gays in the Democratic Republic of the Congo. Homosexual behaviour is not mentioned as a criminal offence in the penal code, thus gay sexual activity is "de facto" legal. However, articles 168-170 and 172 of the Penal Code punish "crimes against family life". [Spartacus International Gay Guide, page 1216. Bruno Gmunder Verlag, 2007.] These articles are used to punish homosexuals. A prison sentence for those punished under these articles can be from 5 to 20 years. [Spartacus International Gay Guide, page 1216. Bruno Gmunder Verlag, 2007.]
There is no anti-discrimination law protecting sexual orientation, nor is there legal recognition of same-sex couples. 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".
Information about gay life in the country is minimal.
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