Current Version
| Region | Democratic Republic of the Congo |
| Issue | LGBT discrimination |
| Status | Illegal in some contexts |
| Start Date | Jul 14, 2008 |
| End Date | (none) |
| Description | Some legal protections based on sexual orientation/preference are in place. Ministerial Order No. 012/CAB.MIN/ETPS/062/08 (2008) states that "Any private employment service is prohibited from issuing or publishing job vacancy announcements or job offers containing indications of discrimination based on sexual preference." Articles 3 and 4 of the Law on the Protection of the rights of people living with HIV/AIDS and of those affected (2008) prohibit acts of stigmatization and discrimination against people living with HIV/AIDS, their sexual partners, their children or parents based on their “proven or suspected HIV status”. Among those protected by the law under the category of “vulnerable groups”, Article 2(5) includes “homosexuals”. Article 132 of Law 20/017 (2020) states: "The collection and processing of personal data revealing racial, ethnic or regional origin, parentage, political opinions, religious or philosophical beliefs, trade union membership, sexual life, genetic data or, more generally, data relating to the state of health of the person concerned is prohibited." Article 245(2) of Law 23/10 on the Digital Code (2023) offers protection of personal data that reveals data concerning a person's natural sex life or sexual orientation. |
| Sources | Ministerial Order (2008) https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/84835/services%20prives%20de%20placement.pdf https://www.leganet.cd/Legislation/DroitSocial/AM.012.18.09.2008.htm https://leganet.cd/Legislation/Droit%20Public/SANTE/L.08.011.14.07.2008.htm https://droitnumerique.cd/wp-content/uploads/2024/08/Loi-TELECOMS-ET-TIC-I-RDC.pdf Digital Code (2023) https://droitnumerique.cd/wp-content/uploads/2024/08/Code-du-numerique-I-RD-Congo.pdf |
Revision History (6)
edited by DaisyGeekyTrans. Adding start date.
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Start Date | 2008 | Jul 14, 2008 |
| Old Value | New Value | |
|---|---|---|
| Description | There are limited legal provisions that protect homosexual people. Articles 3 and 4 of the Law on the Protection of the rights of people living with HIV/AIDS and of those affected (2008) prohibit acts of stigmatization and discrimination against people living with HIV/AIDS, their sexual partners, their children or parents based on their “proven or suspected HIV status”. Among those protected by the law under the category of “vulnerable groups”, Article 2(5) includes “homosexuals”. Article 132 of Law 20/017 (2020) states: "The collection and processing of personal data revealing racial, ethnic or regional origin, parentage, political opinions, religious or philosophical beliefs, trade union membership, sexual life, genetic data or, more generally, data relating to the state of health of the person concerned is prohibited." | Some legal protections based on sexual orientation/preference are in place. Ministerial Order No. 012/CAB.MIN/ETPS/062/08 (2008) states that "Any private employment service is prohibited from issuing or publishing job vacancy announcements or job offers containing indications of discrimination based on sexual preference." Articles 3 and 4 of the Law on the Protection of the rights of people living with HIV/AIDS and of those affected (2008) prohibit acts of stigmatization and discrimination against people living with HIV/AIDS, their sexual partners, their children or parents based on their “proven or suspected HIV status”. Among those protected by the law under the category of “vulnerable groups”, Article 2(5) includes “homosexuals”. Article 132 of Law 20/017 (2020) states: "The collection and processing of personal data revealing racial, ethnic or regional origin, parentage, political opinions, religious or philosophical beliefs, trade union membership, sexual life, genetic data or, more generally, data relating to the state of health of the person concerned is prohibited." Article 245(2) of Law 23/10 on the Digital Code (2023) offers protection of personal data that reveals data concerning a person's natural sex life or sexual orientation. |
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| Sources | https://leganet.cd/Legislation/Droit%20Public/SANTE/L.08.011.14.07.2008.htm https://droitnumerique.cd/wp-content/uploads/2024/08/Loi-TELECOMS-ET-TIC-I-RDC.pdf | Ministerial Order (2008) https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/84835/services%20prives%20de%20placement.pdf https://www.leganet.cd/Legislation/DroitSocial/AM.012.18.09.2008.htm https://leganet.cd/Legislation/Droit%20Public/SANTE/L.08.011.14.07.2008.htm https://droitnumerique.cd/wp-content/uploads/2024/08/Loi-TELECOMS-ET-TIC-I-RDC.pdf Digital Code (2023) https://droitnumerique.cd/wp-content/uploads/2024/08/Code-du-numerique-I-RD-Congo.pdf |
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| Old Value | New Value | |
|---|---|---|
| Value | No protections | Illegal in some contexts |
| Start Date | (unknown) | 2008 |
| Description | No explicit protections based on sexual orientation or gender identity. Article 132 of Law 20/017 (2020) states: "The collection and processing of personal data revealing racial, ethnic or regional origin, parentage, political opinions, religious or philosophical beliefs, trade union membership, sexual life, genetic data or, more generally, data relating to the state of health of the person concerned is prohibited." | There are limited legal provisions that protect homosexual people. Articles 3 and 4 of the Law on the Protection of the rights of people living with HIV/AIDS and of those affected (2008) prohibit acts of stigmatization and discrimination against people living with HIV/AIDS, their sexual partners, their children or parents based on their “proven or suspected HIV status”. Among those protected by the law under the category of “vulnerable groups”, Article 2(5) includes “homosexuals”. Article 132 of Law 20/017 (2020) states: "The collection and processing of personal data revealing racial, ethnic or regional origin, parentage, political opinions, religious or philosophical beliefs, trade union membership, sexual life, genetic data or, more generally, data relating to the state of health of the person concerned is prohibited." |
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| Sources | https://droitnumerique.cd/wp-content/uploads/2024/08/Loi-TELECOMS-ET-TIC-I-RDC.pdf | https://leganet.cd/Legislation/Droit%20Public/SANTE/L.08.011.14.07.2008.htm https://droitnumerique.cd/wp-content/uploads/2024/08/Loi-TELECOMS-ET-TIC-I-RDC.pdf |
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| Old Value | New Value | |
|---|---|---|
| Start Date | Jun 30, 1960 | (unknown) |
| Description | Unsafe to be LGBT | No explicit protections based on sexual orientation or gender identity. Article 132 of Law 20/017 (2020) states: "The collection and processing of personal data revealing racial, ethnic or regional origin, parentage, political opinions, religious or philosophical beliefs, trade union membership, sexual life, genetic data or, more generally, data relating to the state of health of the person concerned is prohibited." |
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| Sources | http://www.state.gov/documents/organization/160453.pdf | https://droitnumerique.cd/wp-content/uploads/2024/08/Loi-TELECOMS-ET-TIC-I-RDC.pdf |
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