This article applies to the Democratic Republic of Congo, formerly Zaire, not the Republic of Congo, also known as Congo-Brazzaville.
There are no specific laws against gays in the Democratic Republic of the Congo. Homosexual behavior is not mentioned as a criminal offense in the penal code, thus gay sexual activity is de facto legal. However, articles 168-170 and 172 of the Penal Code punish "crimes against family life". These articles are used to punish homosexuals. A prison sentence for those punished under these articles can be from 5 to 20 years.
There is no anti-discrimination law protecting sexual orientation, nor is there legal recognition of same-sex couples. The first paragraph of article 40, in the current Congolese constitution, states that "Every individual has the right to marry the person of their choice, of the opposite sex".
Information about gay life in the country is minimal.