LGBTQ rights in the Republic of the Congo should not be confused with LGBTQ rights in the Democratic Republic of the Congo.
| Location Header: | the Republic of the Congo |
| Legal Status: | Legal since 1940,[1] unequal age of consent |
| Gender Identity Expression: | - |
| Recognition Of Relationships: | No |
| Adoption: | No |
| Military: | - |
| Discrimination Protections: | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) 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 LGBTQ people.
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]
There is no legal recognition of same-sex unions.
There is no legal protection against discrimination based on sexual orientation or gender identity.
The U.S. Department of State's 2010 Human Rights Report found that,[2]
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.