Limited information on the treatment of homosexuals by Algerian society and the police could be found among the sources consulted by the Research Directorate within the time constraints for this Response. The following information, however, may be of some interest.

The law

In addition to making both male and female homosexuality illegal (Sodomy Laws 19 July 2004), Article 338 of the Algerian Penal Code prescribes a sentence of two months to three years in prison for anyone guilty of sodomy (UEEH 1999; UNHCR/ACCORD 11-12 June 2001, 38; AI 1 June 2003; Behind the Mask n.d.; 360º magazine Jan.-Feb. 2002; ILGA 31 July 2000; Gay Rights Info 2 July 2004). Offenders must also pay a fine of 500 to 2,000 Algerian dinars (ibid.; Behind the Mask n.d.; UEEH 1999; AI 1 June 2003), or CAN$9 to CAN$36 (Yahoo! Finance 27 July 2004).

Any person who sodomizes a male under 18 years of age can be punished by a maximum sentence of three years in prison and a fine of 10,000 dinars (ILGA 31 July 2004; UEEH 1999; UNHCR/ACCORD 11-12 June 2001, 38; AI 1 June 2003; Behind the Mask n.d.; Gay Rights Info 2 July 2004).

Article 333 of the Algerian Penal Code calls for even more severe punishment "[w]hen the outrage to public decency has consisted of an act against nature with an individual of the same sex" (ILGA 31 July 2004; Behind the Mask n.d.). In such cases, offenders can receive a sentence of 6 months to 3 years in prison, and a fine of 1,000 to 10,000 dinars (ibid.; Gay Rights Info 2 July 2004).

According the the United Nations High Commissioner for Human Rights (UNHCR) and the Austrian Centre for Country of Origin and Asylum Research and Documentation (ACCORD), "[a]lthough in Shar'ia law homosexuality is prohibited, this offence is rarely prosecuted in Algeria" (11-12 June 2001, 38).

Treatment by the police

The International Lesbian and Gay Association (ILGA) indicated that, in 1997, a homosexual Algerian "was granted asylum in France after being arrested and assaulted by the police" (31 July 2000). The ILGA also mentioned that France granted political asylum to an Algerian transsexual who had been sexually abused by Algerian police in 1998 (31 July 2000).

Treatment by society

According to an article in Libération, only extremely effeminate men are recognized as homosexuals in Algeria (7 May 2002). A popular effeminate singer who, when he performs, pretends to be a woman said that there was a certain openness in Algerian society toward him (Libération 7 May 2002).

Sources consulted by the Immigration and Nationality Directorate (IND) of the United Kingdom, including the UNHCR office in the Netherlands, indicated that "[h]omosexuality is tolerated in the Algerian society . . . as long as it is not expressed very explicitly in public through behaviour and clothes" (31 Oct. 2000, Sec. 3.4.5). Although there are various meeting places for homosexuals in large cities like Algiers, "people who openly admit their homosexual nature can experience bullying and intimidation by their social environment or members of the security forces" (United Kingdom 31 Oct. 2000, Sec. 3.4.5).

An article posted on a gay Maghrebian Website called Kelma reported that homosexual Algerians have their own meeting places, that there are homosexual prostitutes on the streets in Algiers, and that Algerian society is more tolerant of homosexuals than other societies, such as Egypt (n.d.). A UNHCR/ACCORD report indicated that, overall, homosexuals are tolerated (11-12 June 2001, 38). According to this report, in October 2000, a state-owned radio station broadcast a call-in program with two psychologists and a few homosexuals, who discussed homosexuality with listeners (UNHCR/ACCORD 11-12 June 2001, 38).

However, an article on the Filou Mektoub Website, another gay Arab site, addressed with the shame and contempt of homosexuals in Algeria (n.d.). In its 1 June 2003 report on Algeria, Amnesty International (AI) noted that the social climate in Algeria made it difficult for homosexuals to openly reveal their sexual orientation. The report indicated that homosexual Algerians may "suffer harassment from the security forces and society in general" (AI 1 June 2003).

An article published in the Winter 2002 issue of 360º magazine indicated that, though homosexuality is widely practised, it is not recognized by society (Jan.-Feb. 2002). According to this article, there are no gay associations or nightclubs in Algeria (360º magazine Jan.-Feb. 2002). The article ended with the stories of four Algerian homosexuals who decided to leave Algeria on their own because of the difficulties they had experienced due to their homosexuality (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

360º magazine [Geneva]. January-February 2002. Johanna Wirt-Steiner. "Algérie : les gays quittent le pays." http://www.360.ch/presse/2002/01/algerie_les_gays_quittent_le_pays.php [Accessed 26 July 2004]

Amnesty International (AI). 1 June 2003. Algérie: les demandeurs d'asile fuient la crise persistente des droits humains. (AI Index: MDE 28/007/2003) http://web.amnesty.org/library/print/FRAMDE280072003 [Accessed 27 July 2004]

Behind the Mask. n.d. "Algeria." http://www.mask.org.za/SECTIONS/AfricaPerCountry/ABC/algeria/algeria_index.html [Accessed 26 July 2004]

Euro-mediterranean Universities of Homosexualities (UEEH). 1999. "Présentation d'Amnesty International." http://www.france.qrd.org/assocs/ueh/hist/index.php?page=trans1999_311 [Accessed 27 July 2004]

Filou Mektoub. n.d. "Algérie." (Kelmaghreb) http://filoumektoub.free.fr/gaibeur/actu/algerie/algerie.htm [Accessed 27 July 2004]

Gay Rights Info. 2 July 2004. Homosexual Rights Around the World. http://www.actwin.com/eatonohio/gay/world.htm [Accessed 26 July 2004]

International Lesbian and Gay Association (ILGA). 31 July 2000. World Legal Survey. http://www.ilga.info/Information/Legal_survey/africa/algeria.htm [Accessed 26 July 2004]

Kelma Algérie. n.d. "Les gays brisent le tabou en Algérie." http://www.kelma.org/lesnews/news/algerie.htm [Accessed 27 July 2004]

Libération [Paris]. 7 May 2002. Bouziane Daoudi. "La star du raï-love à Paris. Chouchou de ces dames." (Dialog)

Sodomy Laws. 19 July 2004. "Algeria." http://www.sodomylaws.org/world/world.htm [Accessed 26 July 2004]

United Kingdom. 31 October 2000. Immigration and Nationality Directorate (IND), Home Office. "Algeria Bulletin: Part VII." http://www.ind.homeoffice.gov.uk/ind/en/home/0/country_information/bulletins/algeria_bulletin_2/human_rights/part_vii.html [Accessed 27 July 2004]

United Nations High Commissioner for Refugees (UNHCR) and the Austrian Centre for Country of Origin and Asylum Research and Documentation (ACCORD), Berlin. 11-12 June 2001. 7th European Country of Origin Information Seminar. "Country Report: Algeria." http://www.ecoi.net/pub/mv99_cois2001-alg.pdf [Accessed 27 July 2004]

Yahoo! Finance. 27 July 2004. "Currency Conversion." http://ca.finance.yahoo.com/m5?a=500&s=DZD&t=CAD [Accessed 27 July 2004]

Internet sites, including: Ahbab, Algerigay, Arabic News, European Country of Origin Information Network (ECOI), L'Expression, Freedom House, French Department of Foreign Affairs, Gay and Lesbian Arabic Society (GLAS), Gay Arab, Gay Middle East, Human Rights Watch (HRW), International Gay and Lesbian Human Rights Commission (IGLHRC), Lesbian and Gay Immigration Rights Task Force (LGIRTF), Liberté Algérie, Le Matin [Algiers], United States Department of State, World News Connection (WNC)