Gay rights in the Democratic Republic of the Congo

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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, the Penal Code does concern "crimes against family life" (with a penalty from 6 months to 5 years imprisonment) which can be use against gays.

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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