Republic of Congo

In the Republic of Congo, while same-sex sexual acts are not criminalized by the Penal Code (1836), the age of consent is higher for same-sex acts. Article 331 punishes anyone who “commits a shameless act or an act against nature with an individual of the same sex younger than age 21” with up to three years in prison, while the age of consent is set at 18 for different-sex sexual acts. 

There is no law prohibiting discrimination based on sexual orientation, gender identity, gender expression, or sex characteristics in the country. Sexual orientation and sexual life are considered sensitive personal data under existing cybercrime prevention laws, such as Law No. 29-2019 on the Protection of Personal Data and Decree No. 2025-66 relating to the Personal Data of Air Passengers, while Law No. 27-2020 on the Fight Against Cybercrime punishes the non-consensual disclosure of a person's sexual orientation through electronic platforms.

According to the U.S. State Department, civil society groups have reported that LGBTIQ people experienced harassment and that police occasionally relied on the law against "acts against nature" to extort men perceived to be gay. According to a September 2020 report by national advocacy group Cœur Arc-en-ciel, 54 percent of LGBTQ survey participants in Brazzaville experienced discrimination or violence on the basis of sexual orientation or gender identity in 2020. Family members (nearly 28 percent) were the most frequently named perpetrators. 

Public opinion toward LGBTIQ people is generally negative. In a 2022 survey, only 20 percent of locals surveyed in the Republic of Congo believed that their area of residence was a good place to live for gay or lesbian people. Based on data between 2021 and 2023, another survey shows that 73 percent of persons surveyed in the country would dislike having a “homosexual” as a neighbor.

There is no procedure for trans people to change their names and gender markers in the country, while intersex infants and children are not protected from non-consensual medical interventions seeking to “normalize” their bodies.

At least one LGBTIQ group exists in the Republic of Congo, but Outright research indicates that there are significant barriers for LGBTIQ groups to openly register in the country.

*Outright research indicates that the bodily autonomy of intersex people is not respected and protected in this country.