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 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."
Vigilante executions,[5] beatings,[6] and torture[7] are also allowed, with police frequently joining in on the attacks,[7] being complicit, or turning a blind eye.[6]
Homosexuality[9] is prohibited by law, and the prevailing social attitude is openly negative, even violent. The law does not recognize or respect the civil rights of LGBTQ persons. Officially, there are no gay-friendly establishments and no political organization is allowed to campaign for LGBTQ rights.[10] 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 marriages are blocked by police, as was the case in a 2005 attempt.[11]
Assil Belatla was a student who was murdered in 2019 because he was suspected of being gay. The student was murdered in his dormitory in the university district and the words “he is gay” were painted on the wall with his blood. The killer thought he would avoid prosecution for the killing.[12][13]
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.[14][15]
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.[16]
Summary table
Same-sex sexual activity legal
(Penalty: Up to three years imprisonment with fines up to 10,000 dinars[2])
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)[17]
Commercial surrogacy for lesbian female couples
(Illegal for all couples regardless of sexual orientation)[17]
Automatic parenthood on birth certificates for children of same-sex couples
The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is a LGBTQ+ rights organization.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Chad face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are illegal in the country. Before the new penal code took effect in August 2017, homosexual activity between adults had never been criminalised. There is no legal protection against discrimination based on sexual orientation and gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Morocco face significant challenges not experienced by non-LGBTQ residents.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Ghana face severe challenges not experienced by non-LGBTQ residents. Sexual acts between males have been illegal as "unnatural carnal knowledge" in Ghana since the colonial era. The majority of Ghana's population hold anti-LGBTQ sentiments. Physical and violent homophobic attacks against LGBTQ people occur, and are often encouraged by the media and religious and political leaders. At times, government officials, such as police, engage in such acts of violence. Young gay people are known to be disowned by their families and communities and evicted from their homes. Families often seek conversion therapy from religious groups when same-sex orientation or non-conforming gender identity is disclosed; such "therapy" is reported to be commonly administered in abusive and inhumane settings.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Jamaica face legal and social issues not experienced by heterosexual and gender-conforming people. Consensual sexual intercourse between same-sex partners is legally punishable by up to 10 years of imprisonment in the country.
Homophobia encompasses a range of negative attitudes and feelings toward homosexuality or people who identify or are perceived as being lesbian, gay or bisexual. It has been defined as contempt, prejudice, aversion, hatred, or antipathy, may be based on irrational fear and may sometimes be attributed to religious beliefs.
Lesbian, gay, bisexual, and transgender (LGBT) people in Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.
Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Ethiopia face significant challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are illegal in the country, with reports of high levels of discrimination and abuses against LGBTQ people. Ethiopia has a long history of social conservatism and same-sex sexual activity is considered a cultural taboo.
Lesbian, gay, bisexual, and transgender (LGBT) people in Sudan face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity in Sudan is illegal for both men and women, while homophobic attitudes remain ingrained throughout the nation.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Eritrea face severe challenges not experienced by non-LGBTQ residents. Homosexual acts are illegal in Eritrea; typically punishable by up to three years in prison. LGBTQ persons are reportedly prosecuted by the government and additionally face hostility amongst the broader population.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Gambia face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is illegal for both men and women in the Gambia. Criminalisation commenced under the colonial rule of the British. The 1933 Criminal Code provides penalties of prison terms of up to fourteen years. In 2014, the country amended its code to impose even harsher penalties of life imprisonment for "aggravated" cases. The gender expression of transgender individuals is also legally restricted in the country. While the United States Department of State reports that the laws against homosexual activity are not "actively enforced", arrests have occurred; the NGO Human Rights Watch, reports regular organised actions by law enforcement against persons suspected of homosexuality and gender non-conformity.
Lesbian, gay, bisexual, and transgender (LGBT) people in Somalia face severe challenges not experienced by non-LGBTQ residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBT people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Uganda face severe legal and social challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is illegal for both men and women in Uganda. It was originally criminalised by British colonial laws introduced when Uganda became a British protectorate, and these laws have been retained since the country gained its independence.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe and Oceania.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Equatorial Guinea face legal challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are legal in Equatorial Guinea, however LGBTQ persons face stigmatization among the broader population, and same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available as opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Mozambique face legal challenges not faced by non-LGBTQ people. Same-sex sexual activity became legal in Mozambique under the new Criminal Code that took effect in June 2015. Discrimination based on sexual orientation in employment has been illegal since 2007.
Queer Cyprus Association is an LGBTQ rights organisation in Northern Cyprus aimed to deal with criminal law amendments of TRNC which criminalises same-sex relationships. They seek equal human rights including to "fully decriminalize homosexuality, equalize the age of consent and better protect LGBTQ people under the law.”
Historically speaking, lesbian, gay, bisexual, transgender and queer (LGBTQ) people have not been given equal treatment and rights by both governmental actions and society's general opinion. Much of the intolerance for LGBTQ individuals come from lack of education around the LGBTQ community, and contributes to the stigma that results in same-sex marriage being legal in few countries (31) and persistence of discrimination, such as in the workplace.
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have sharia-based criminal laws, except for Uganda.
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