Rights in Exile Programme

Refugee Legal Aid Information for Lawyers Representing Refugees Globally

Algeria LGBTI Resources

(See Below for Case Law, Evidence of Public Attitudes, NGOs that Assist or Advocate on LGBTI issues, and Country of Origin LGBTI Specialists)

Homosexuality is illegal in Algeria.  There is also censorship of any publication that may encourage homosexual activity. The laws are laid out in the Algerian Penal Code (unofficial translations):
Art 333

  • Any outrage of public decency will be punished with two months to two years imprisonment and a fine of 500-2,000 dinars.
  • If that outrage of public decency consists of an act against nature with an individual of the same sex, the punishment will be six months to three years imprisonment and a fine of 1,000-10,000 dinars.

Art 333 bis

  • Anyone who participates in the creation or the distribution of any material that are inconsistent with public decency will be punished to two months to two years imprisonment and a fine of 500-2,000 dinars.*

Art 338

  • Anyone guilty of participating in a homosexual act will be punished to imprisonment between two months and two years and a fine of 500-2,000 dinars.
  • If one of the participants is under 18 years old, the punishment for the older participant can be raised to three years imprisonment and a fine of 10,000 dinars.

Although homosexuality is illegal in Algeria, there should be some broad protections provided in the Algerian Constitution.

  • Equality for all citizens (Art 24)
  • Respect for Human Rights (Art 36)
  • Freedom of creed and opinion (Art 36)
  • Right to privacy (Art 39)

Unfortunately, however, the rights established in the Constitution do very little to prevent discrimination of the LGBTI Community. The government has introduced no anti-discrimination laws to protect homosexuals from harassment. Algeria also practices Sharia law, which reportedly calls for the death of homosexuals (See Immigration and Refugee Board of Canada: ‘Algeria: Treatment of Homosexuals’).

*Anyone who creates, possesses, imports or has others import all types of printed matter, writings, drawings, posters, engravings, paintings, photographs, negatives, matrices [untranslated], and copies, all objects conflicting with decency, with the aim of selling, distributing, renting, displaying or exhibiting, exposing or attempting to expose to the public’s eye, selling or attempting to sell, distributing or attempting to distribute, will be punished to two months to two years imprisonment and a fine of 500-2,000 dinars.

CASE LAW

R (on the application of B) v Secretary of State for the Home Department
R (on the application of B) v. Secretary of State for the Home Department, [2007] EWHC 2528 (Admin), United Kingdom: High Court (England and Wales), 23 October 2007, available at: http://www.unhcr.org/refworld/docid/473d6bdd2.html [accessed 30 January 2012]

OO (gay men: risk) Algeria [2013] UKUT 00063 (IAC)
OO (gay men: risk) Algeria [2013] UKUT 00063 (IAC); A note, including the main findings of the Upper Tribunal, is available at: http://www.luqmanithompson.com/News-Comment-Cases/Litigation-update-Algerian-gay-country-guidance-case.shtml  

PUBLIC ATTITUDES AND/OR STATE'S CAPACITY TO PROTECT

Algeria is openly negative and societal attitudes espouse violence in respect to the LGBTI community. According to Behind the Mask (and cited in Immigration and Refugee Board of Canada: ‘Algeria: Treatment of Homosexuals’ (hereinafter: ‘Algeria: Treatment of Homosexuals’)), it is not unusual for homosexuals to be the victims of harassment, violence, even murder at the hands of both community as well as family members. Algerians believe that honor killings, undertaken by neighbors and family members, can restore moral honor to the family. Two men were reportedly stoned in the street in 2001 due to their sexual orientation
It was reported in Algeria: Treatment of Homosexuals, that “the British-based National Coalition of Anti-Deportation Campaigns (NCADC) lists Algeria as a country where ‘it is practically impossible to live at all if you are gay’ (7 April 2007).”
There are no gay organizations or support groups in Algeria as they are prohibited by law. However, there are now two Algerian websites that tackle gay issues: ‘Kelmaghreb’ and ‘Algerigay’ which is a step in the right direction.
According to QX Magazine, Algerian police do not protect “sodomites” from violence. It was also reported in UK Gay News that the Algerian “police and army harass and brutalise gay people with impunity.” Gay men are often subjected to rape, beatings and torture in prison.

 

NON-GOVERNMENTAL ORGANIZATIONS (NGOs)

There are no NGOs in Algeria that specialize in LGBTI rights at this moment in time.

COUNTRY OF ORIGIN SPECIALISTS

We have no specialist on LGBTI for Algeria, but would welcome suggestions.

 

 

Researched by: Rhiannon Archer

Email: rhi.archer[at]gmail.com

 

 

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