E/C.12/COD/CO/6

Democratic Republic of the Congo (28 March 2022)

The Committee considered the sixth periodic report of the Democratic Republic of the Congo1 at its second, fourth and sixth meetings, held on 14, 15 and 16 February 2022, and adopted the present concluding observations at its thirtieth meeting, held on 4 March 2022.

Concluding observations on the sixth periodic report of the Democratic Republic of the Congo

C. Principal subjects of concern and recommendations

Discrimination on grounds of sexual orientation and gender identity

28. The Committee is concerned that the Criminal Code, and particularly article 176, is often used to criminalize same-sex relationships. It notes with concern that lesbian, gay, bisexual, transgender and intersex persons face stigmatization and discrimination in the enjoyment of their economic, social and cultural rights, including in access to work, housing, health care and education (art. 2 (2)).

29. The Committee recommends that the State party combat the discrimination and stigmatization that lesbian, gay, bisexual, transgender and intersex persons experience, including by conducting awareness-raising campaigns, and that it ensure that no one is discriminated against in the enjoyment of economic, social and cultural rights, and in access to health services, education and housing in particular, on the basis of their sexual orientation or gender identity. The Committee requests the State party to ensure that article 176 of the Criminal Code is not used to criminalize relations between persons of the same sex.