Kasai-Oriental is governed by federal Democratic Republic of the Congo law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Illegal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Illegal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- Unknown
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Public Opinion
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Homosexual activity in Kasai-Oriental is legal.
Current status
Since Jan 30, 1940
Legal
Homosexuality is legal in the DRC.
Same-sex marriage in Kasai-Oriental is banned.
Current status
Since Feb 18, 2006
Banned
The 2006 amendments to the Constitution of the Democratic Republic of the Congo explicitly prohibit same-sex marriage. Article 40 in the Dem. Rep. of Congo's constitution states "Every individual has the right to marry the person of their choice, of the opposite sex."
Censorship of LGBT issues in Kasai-Oriental is state-enforced.
Current status
Since Jan 30, 1940
State-enforced
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 in the 1940 Penal Code, 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.
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.
Right to change legal gender in Kasai-Oriental is illegal.
Current status
Illegal
There is no laws allowing you to change your legal gender in DRC.
Gender-affirming care in Kasai-Oriental is restricted.
Current status
Restricted
In the Democratic Republic of the Congo (DRC), there are no specific laws regulating gender-affirming care. Access to such care may be limited due to various factors, including societal stigma, lack of awareness among healthcare providers, and limited resources within the healthcare system. Additionally, there may be a lack of specific legal protections or regulations regarding gender-affirming treatments or procedures. As a result, individuals seeking gender-affirming care in the DRC may face challenges in accessing appropriate and comprehensive healthcare services.
Legal recognition of non-binary gender in Kasai-Oriental is not legally recognized.
Current status
Not legally recognized
As there is no protocol for legal gender changes in DR Congo, non-binary self-identification is defacto not recognized.
LGBT discrimination in Kasai-Oriental is illegal in some contexts.
Current status
Since 2008
Illegal in some contexts
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."
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."
LGBT employment discrimination in Kasai-Oriental is no protections.
Current status
No protections
Employment discrimination against LGBT people is not restricted and is reportedly quite widespread.
LGBT housing discrimination in Kasai-Oriental is no protections.
Current status
No protections
Housing discrimination against LGBT people is not legally restricted.
Same-sex adoption in Kasai-Oriental is illegal.
Current status
Illegal
Article 653 of the Congolese Family Code prohibits the adoption of a child by, among others, “homosexuals or transsexuals”.
Also, article 20 of Law No. 09/001 on the Protection of the Child (2009) prohibits the adoption of a child by a homosexual couple in the same way as paedophiles and persons with psychological disorders.
Also, article 20 of Law No. 09/001 on the Protection of the Child (2009) prohibits the adoption of a child by a homosexual couple in the same way as paedophiles and persons with psychological disorders.
Intersex infant surgery in Kasai-Oriental is not banned.
Current status
Not banned
There is no ban on surgeries performed on intersex infants in the Democratic Republic of Congo.
Serving openly in military in Kasai-Oriental is illegal.
Current status
Illegal
Not a single country in Africa allows trans military service
Blood donations by MSMs in Kasai-Oriental is legal.
Current status
Legal
There are no official sources from the Ministry of Health regarding the requirements for donating blood. The hostile situation regarding access to health care for LGBT people makes it unlikely that they can donate blood without facing legal and social discrimination.
Conversion therapy in Kasai-Oriental is not banned.
Current status
Not banned
Conversion therapy is legal and widespread in the Democratic Republic of the Congo.
Equal age of consent in Kasai-Oriental is unknown.
Current status
Unknown
Legal Rights
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This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Kasai-Oriental to help improve its accuracy.
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Kasai-Oriental LGBT Organizations
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