Democratic Republic of Congo LGBT Laws

Homosexuality, Sodomy Legislation/Cases/References
1. National

As at May 2008, under the Penal Code of 1940, modified in 2006, homosexual acts are not banned as such, but article 172 criminalizing offences against the moral can be used against same-sex contacts. Violations of the statute are punished with between three months to five years imprisonment and a fine [R1.1].

From the French –
“Anyone who attempted indecency in the exciting, facilitating or encouraging for gratify the passions of others, debauchery or corruption of persons of one or the other sex, age of eighteen years, will be punished with a prison term of three months to five years and a fine of fifty thousand to one hundred thousand Congolese Francs constant”


In September 2009, Reverend Rowland Jide Macaulay from the ‘House Of Rainbow’ Metropolitan Community Church in Lagos addressed the United Nations Human Rights Council in Geneva, calling on the government of the Democratic Republic of the Congo to […] repeal the penal code provision which criminalizes homosexual activity between consenting adults [R1.2].

R1.1 ILGA: “State-Sponsored Homophobia” May 2008
R1.2 MCV: “Nigerian call for Congo gay law reform” 29 SEP 09