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LGBTQ rights in the Republic of the Congo

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Not to be confused withLGBTQ rights in the Democratic Republic of the Congo.
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LGBTQ rights in the Republic of the Congo
Legal statusLegal since 1940,[1] unequal age of consent
Gender identity-
Military-
Discrimination protectionsLimited protection based on sexual orientation.
Family rights
Recognition of relationshipsNo
AdoptionNo

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in theRepublic of the Congo face legal challenges not experienced by non-LGBTQ residents. Homosexuality is legal in the Republic of the Congo, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections as opposite-sex couples, with reports of discrimination and abuse towards LGBTQ people.

Laws regarding same-sex sexual activity

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Same-sex relationships have been legal in the Republic of the Congo since 1940. The text of the 1940 Penal Code, as amended in 2006, only prohibits same-sex sexual behaviour with a person younger than 21 years. There is an unequal age of consent, with it being 18 for opposite-sex sexual activity.[1]

Recognition of same-sex relationships

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There is no legal recognition of same-sex unions.[citation needed]

Discrimination protections

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There is no broad legal protection againstdiscrimination based onsexual orientation orgender identity. However, some limited protections based on sexual orientation regarding personal data are in place.

  • Article 19 of Law No. 27-2020 on the Fight against Cybercrime states "Anyone who, except in the cases provided for by law, places or stores on a computer medium or memory, without the express consent of the person concerned, personal data revealing, directly or indirectly, the person's ethnic origin, political, philosophical, or religious opinions, or trade union membership, or relating to the person's health or sexual orientation, shall be punished by imprisonment of at least one year to a maximum of five years and a fine of one million to ten million CFA francs, or both."[2]
  • Articles 8, 10 and 15 of Decree No. 2025-66 relating to the Personal data of Air Passengers protects sexual orientation.[3]
  • Law No. 29-2019 on the Protection of Personal Data protects a person's sexual life as sensitive and personal data in its Articles 4, 14 and 40.[4]

Living conditions

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TheU.S. Department of State's 2010 Human Rights Report found that,[5]

There was not a large openly gay or lesbian community due to the social stigma associated with homosexuality ... There were no known cases of violence or discrimination against gays, lesbians, or transgendered individuals during the year. While discrimination may exist due to the social stigma surrounding homosexuality, no such cases were reported to the NGOs or covered by the media.

Summary table

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Same-sex sexual activity legalYes (Since 1940)
Equal age of consentNo (Since 1947)[6]
Anti-discrimination laws in hate speech and violenceNo
Anti-discrimination laws in employmentNo
Anti-discrimination laws in the provision of goods and servicesNo
Same-sex marriageNo
Recognition of same-sex couplesNo
Step-child adoption by same-sex couplesNo
Joint adoption by same-sex couplesNo
Gays and lesbians allowed to serve openly in the militaryNo
Right to change legal genderNo
Conversion therapy made illegalNo
Access to IVF for lesbiansNo
Commercial surrogacy for gay male couplesNo
MSMs allowed to donate bloodNo

See also

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References

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  1. ^abOttosson, Daniel (May 2008)."State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults"(PDF). International Lesbian and Gay Association (ILGA). p. 45. Archived fromthe original(PDF) on 11 June 2012. Retrieved5 May 2009.
  2. ^"Law No. 27-2020 on the Fight against Cybercrime"(PDF) (in French). Retrieved8 April 2025.
  3. ^"Decree No. 2025-66 relating to the Personal data of Air Passengers"(PDF). Retrieved9 July 2025.
  4. ^"Law No. 29-2019 on the Protection of Personal Data"(PDF). Retrieved3 February 2025.
  5. ^"REPUBLIC OF THE CONGO"(PDF).
  6. ^"Archived copy"(PDF). Archived fromthe original(PDF) on 17 July 2013. Retrieved10 March 2016.{{cite web}}: CS1 maint: archived copy as title (link)
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