LGBTQ rights in the Democratic Republic of the Congo | |
---|---|
Status | Legal [1] |
Gender identity | No |
Military | No |
Discrimination protections | No [2] |
Family rights | |
Recognition of relationships | No |
Restrictions | Same-sex marriage banned constitutionally since 2006 |
Adoption | No [3] |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Democratic Republic of the Congo (DRC) face discrimination and legal challenges not experienced by non-LGBTQ residents. [4] Same-sex sexual activity is legal for both males and females in the Democratic Republic of the Congo, although LGBTQ 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 nation. The Congolese LGBTQ community experiences discrimination and hostility, and is 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.
Same-sex sexual activity is legal in the Democratic Republic of the Congo. Age of consent is equal, regardless of sex. [1] 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.
The U.S. Department of State'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." [5]
There is no legal recognition of same-sex unions. There has been a constitutional ban on same-sex marriage, 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". [6]
There is no anti-discrimination law protecting sexual orientation. [2]
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. [7]
The U.S. Department of State's 2021 Human Rights Report found that: [5]
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.
— Human Rights Practices Report: DRC (2021), US Department of State
In comparison, the State Department's report for 2010 said: [2] "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."
Same-sex sexual activity legal | (Always legal) |
Equal age of consent | (Since 2006) |
Anti-discrimination laws in hate speech and violence | |
Anti-discrimination laws in employment | |
Anti-discrimination laws in the provision of goods and services | |
Same-sex marriage | (Constitutional ban since 2006) |
Recognition of same-sex couples | |
Step-child adoption by same-sex couples | |
Joint adoption by same-sex couples | |
Gays and lesbians allowed to serve openly in the military | |
Conversion therapy made illegal | |
Right to change legal gender | |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
In 2014, 98% of Congolese said they were against same-sex marriage while only 2% supported it. [8]
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Central African Republic face legal and social challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in the Central African Republic, but LGBTQ persons still face discrimination among the broader population.
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Lesbian, gay, bisexual, and transgender (LGBT) people in the Republic of the Congo face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of homosexuality are 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 available to opposite-sex couples, with reports of discrimination and abuses towards LGBT people.
Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face discrimination and legal challenges. Homosexuality is illegal in the United Arab Emirates (UAE) and under the federal criminal provisions, consensual same-sex sexual activity is punishable by imprisonment; extra-marital sexual activity between persons of different sexes is also illegal. In both cases, prosecution will only be brought if a husband or male guardian of one of the participants makes a criminal complaint. The penalty is a minimum of six months imprisonment; no maximum penalty is prescribed, and the court has full discretion to impose any sentence in accordance with the country's constitution.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Eritrea face severe challenges not experienced by non-LGBTQ residents. Homosexual acts are illegal in Eritrea; typically punishable by up to three years in prison. LGBTQ persons are reportedly prosecuted by the government and additionally face hostility amongst the broader population.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Gambia face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is illegal for both men and women in the Gambia. Criminalisation commenced under the colonial rule of the British. The 1933 Criminal Code provides penalties of prison terms of up to fourteen years. In 2014, the country amended its code to impose even harsher penalties of life imprisonment for "aggravated" cases. The gender expression of transgender individuals is also legally restricted in the country. While the United States Department of State reports that the laws against homosexual activity are not "actively enforced", arrests have occurred; the NGO Human Rights Watch, reports regular organised actions by law enforcement against persons suspected of homosexuality and gender non-conformity.
Article 365 of the Sri Lankan Penal Code, which dates from the time of colonial British Ceylon, criminalizes sexual acts deemed "against the order of nature". The Supreme Court of Sri Lanka has ruled favourably for decriminalization and has agreed that any imposition of penalties are incompatible with the current times, but does not have the authority to invalidate laws, acts, or governmental actions even if they are incompatible with a higher morality. A bill aimed at decriminalization was submitted to parliament in August 2022 has been given the support of the ruling government. Furthermore both major parties from across the political spectrum have generally expressed support for homosexuality.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Guinea face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are illegal in Guinea, and discriminatory attitudes towards LGBTQ people are generally tolerated in the nation.
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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Somalia face severe challenges not experienced by non-LGBTQ residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBTQ people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.
Lesbian, gay, bisexual, and transgender (LGBT) people in Solomon Islands face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal, punishable by up to 14 years imprisonment, but the law is not enforced.
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Lesbian, gay, bisexual, and transgender (LGBT) people in Niue face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal in Niue, although there is no recent instance of it being actively prosecuted. Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in South Sudan face legal and societal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal and carries a penalty of up to 10 years' imprisonment. Active enforcement of the law is not pursued by authorities: No prosecutions are known to have occurred since South Sudan gained its independence in 2011. LGBTQ persons are met with abuse and discrimination from agents of the government and additionally face stigmatisation among the broader population.