LGBT rights in Algeria

Lesbian, gay, bisexual, and transgender (LGBT) persons in Algeria face legal challenges and discrimination not experienced by non-LGBT citizens. According to the International Lesbian and Gay Association's May 2008 report, both male and female same-sex sexual acts are illegal in Algeria.[6]

LGBT rights in Algeria
StatusIllegal: Islamic Sharia Law is applied (since 1966)[1]
PenaltyUp to 3 years imprisonment with fines up to 10,000 dinars,[2] torture,[3] beatings,[4] or vigilante execution[5]
Gender identityBoth male and female is illegal
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex relationships
AdoptionNo

Law regarding same-sex sexual activity

Article 338 of Algerian law (English translation) reads:

"Anyone guilty of a homosexual act is punishable with imprisonment of between 2 months and two years, and with a fine of 500 to 2000 Algerian Dinars. If one of the participants is below 18 years old, the punishment for the older person can be raised to 3 years' imprisonment and a fine of 10,000 dinars"

— Article 338, (ILGA May 2008 world laws report[6])

Article 333 of the Algerian law (English translation) reads:

""When the outrage to public decency has consisted of an act against nature with an individual of the same sex, the penalty is imprisonment of between 6 months and 3 years, and a fine of between 1,000 and 10,000 Algerian Dinars."

— Article 333, ILGA May 2008 world laws report[6])

Vigilante executions,[5] beatings,[7] and torture[8] are also allowed with police joining in on the attacks,[8] being complicit, or turning a blind eye.[7]

The criminals laws originate from the prevailing mores in Algeria that view homosexuality and cross-dressing as against the Islamic faith.[9]

Living conditions

Homosexuality[10] and cross-dressing are prohibited by law, and the prevailing social attitude is openly negative, even violent. The law does not recognize or respect the civil rights of LGBT persons. Officially, there are no gay-friendly establishments and no political organization is allowed to campaign for LGBT rights.[11] Examples of hate crimes against homosexuals include the stoning of two men in the street in 2001[5] and the killing of two men, one in 1994 and the other in 1996.[5]

Most attempts of having unofficial same-sex marriage are blocked by police, as was the case in a 2005 attempt.[12]

"Asil Balata" was a student who was murdered for suspicion of being gay in 2019. The student was killed in his dormatory in the university district and the words "he is gay" were painted on the wall with his blood, the murderer thought that he would avoid judicial follow-up for that.[13][14]

Houari Manar, a popular raï singer widely thought to be gay, died in 2019. Following his death several homophobic comments were made on social media.[15][16]

According to a survey done for BBC News Arabic by the Arab Barometer research network in 2018-19, about 26% of Algerians think that homosexuality should be accepted.[17]

Summary table
Same-sex sexual activity legal (Penalty: Up to 3 years imprisonment with fines up to 10,000 dinars,[2] torture,[3] beatings,[4] or vigilante execution[5])
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Anti-discrimination laws in gender identity
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples (Illegal for all couples regardless of sexual orientation)[18]
Commercial surrogacy for lesbian female couples (Illegal for all couples regardless of sexual orientation)[18]
Automatic parenthood on birth certificates for children of same-sex couples
Conversion therapy banned for minors
MSMs allowed to donate blood

See also

Notes
  1. "Where is it illegal to be gay?". 10 February 2014 – via www.bbc.com.
  2. "State-sponsored homophobia" (PDF).
  3. "Algeria | Human Dignity Trust". www.humandignitytrust.org.
  4. Refugees, United Nations High Commissioner for. "Refworld | Algeria: Treatment of homosexuals by society and government authorities; protection available including recourse to the law for homosexuals who have been subject to ill-treatment (2005-2007)". Refworld.
  5. "gay man seeks asylum in uk". Archived from the original on 29 April 2010.
  6. Ottosson, Daniel (May 2008). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA). p. 7. Retrieved 20 December 2019.
  7. Refugees, United Nations High Commissioner for. "Refworld | Algeria: Treatment of homosexuals by society and government authorities; protection available including recourse to the law for homosexuals who have been subject to ill-treatment (2005-2007)". Refworld. Retrieved 23 July 2019.
  8. "Algeria | Human Dignity Trust". www.humandignitytrust.org. Retrieved 23 July 2019.
  9. Gamblin, Mereini (4 July 2020). "Gay people in Algeria : an invisible community". Le Journal International. Retrieved 17 November 2020.
  10. "Algeria: Mass Convictions for Homosexuality". Human Rights Watch. 15 October 2020. Retrieved 6 January 2021.
  11. "RIR Responses". Archived from the original on 7 December 2007.
  12. "Or Does It Explode?: Civil Rights Abuses: Gay Rights". Archived from the original on 11 December 2006.
  13. "Algerian student murdered, 'He is Gay' written on wall with his blood". The Jerusalem Post | JPost.com. Retrieved 28 May 2020.
  14. Saga, Ahlam Ben (12 February 2019). "Student Found Dead with Homophobic Message in Algerian University Dorm". Morocco World News. Retrieved 17 November 2020.
  15. "Pourquoi le cœur d'Houari Manar, la star du raï, a lâché à 38 ans". FIGARO. 11 January 2019. Retrieved 28 June 2019.
  16. Saada, Hana. "Algeria: Death of raï male singer Houari Manar during plastic surgery | DZ Breaking". Retrieved 17 November 2020.
  17. "Are Arabs turning their backs on religion?". 24 June 2019. Retrieved 24 June 2019.
  18. "Surrogacy law: regulated, unregulated | Whereivf.com". www.whereivf.com. Retrieved 2 July 2019.
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