Very little information on the situation of women who have committed adultery in Algeria could be found among the sources consulted by the Research Directorate within the time constraints for this Response.

An article published by the Académie Montpellier (a regional administration of France's national ministry of education) on the situation of women in the Maghreb countries indicated that adultery is [translation] "grounds for severe punishment" when committed by women in Algeria, but that that is not the case for men (n.d.). According to Islam, Algeria's state religion (Country Reports 2002 31 Mar. 2003, Sec. 2.c), all sexual relations outside marriage are prohibited (Switzerland 5 July 2000). Adultery is illegal under article 339 of Algeria's Penal Code, and anyone found guilty of the offence faces a sentence of one to two years in prison, but only when the [translation] "offended spouse" complains (ibid.). However, according to Switzerland's Federal Office for Refugees, in practice, the authorities enforce this provision [translation] "pragmatically and with tolerance" (ibid.).

A woman who commits adultery and has a child through the adulterous relationship could face several problems (FIDH Feb. 1999). Any voluntary interruption of a pregnancy is prohibited in Algeria, and there are almost no support centres, so many children are abandoned (ibid.). Furthermore, the Family Code stipulates that only children of valid marriages are recognized under the law, which means that the children of adulterous relationships have no legal status (ibid.).

No information specifically on the protection available to adulterous women could be found among the sources consulted by the Research Directorate within the time constraints for this Response. However, Country Reports 2002 indicated that "[t]here were few facilities offering safe haven for abused women" and that rape crisis centres had few resources (Country Reports 2002 31 Mar. 2003, Sec. 5). Nevertheless, Algeria has two organizations "that have received recognition by the government and international community in the country" and that assist women at risk: SOS Femme en détresse and SOS Femmes battues (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 to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Académie Montpellier. n.d. "Quelle place les sociétés maghrébines accordant-elles à la femme?" http://www.ac-montpellier.fr/ressources/99/99dh0222.html [Accessed 22 Jan. 2004]

Country Reports on Human Rights Practices for 2002. 31 March 2003. United States Department of State. Washington, DC. http://www.state.gov/g/drl/rls/hrrpt/2002/18272.htm [Accessed 27 Jan. 2004]

International Federation of Human Rights Leagues (FIDH), Paris. February 1999.

No. 273. "Rapport alternatif de la FIDH au rapport initial présenté par l'Algérie au comité sur l'élimination de la discrimination à l'égard des femmes." http://www.fidh.imaginet.fr/rapports/r273.htm [Accessed 28 Jan. 2004]

Switzerland. 5 July 2000. Federal Office for Refugees (ODR), Analysis Section. Papier thématique. "Maghreb (Algérie, Égypte, Libye, Maroc, Tunisie) : Homosexualité et prostitution." http://www.asyl.admin.ch/Daten/PublikationenDokumentationen/Laenderinformationen/Maghreb_Homo_Prost_0400-Public.pdf [Accessed 28 Jan. 2004]

IRB databases

Internet sites, including:

Amnesty International

Freedom House

Human Rights Watch

Le Monde

Radio Free Europe/Radio Liberty

SOS Femmes en détresse (Algiers)

Women Living Under Muslim Laws