Lesbian, gay, bisexual, and transgender (LGBT) people in Algeria face legal challenges and discrimination not experienced by non-LGBT residents. According to the International Lesbian and Gay Association's May 2008 report, both male and female types of same-sex sexual acts are illegal in Algeria.[3] Homophobic attitudes are normalised within Algerian society, and LGBT people are commonly subjected to discrimination and potential arrest.[4]
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 joining in on the attacks,[7] being complicit, or turning a blind eye.[6]
The criminals laws originate from the prevailing mores in Algeria that view homosexuality and cross-dressing as against the Islamic faith.[8]
Living conditions
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 LGBT persons. Officially, there are no gay-friendly establishments and no political organization is allowed to campaign for LGBT 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 for suspicion of being gay in 2019. The student was killed in his dormitory 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.[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
Lesbian, gay, bisexual, transgender, queer, intersex, and asexual (LGBTQIA+) people frequently experience violence directed toward their sexuality, gender identity, or gender expression. This violence may be enacted by the state, as in laws prescribing punishment for homosexual acts, or by individuals. It may be psychological or physical and motivated by biphobia, gayphobia, homophobia, lesbophobia, and transphobia. Influencing factors may be cultural, religious, or political mores and biases.
Lesbian, gay, bisexual and transgender (LGBT) people in Morocco face significant challenges not experienced by non-LGBT residents.
Lesbian, gay, bisexual, and transgender (LGBT) people in Romania may face legal challenges and discrimination not experienced by non-LGBT residents. Attitudes in Romania are generally conservative, with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant changes in LGBT rights legislation since 2000. In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against homophobic hate crimes. Furthermore, LGBT communities have become more visible in recent years, as a result of events such as Bucharest's annual pride parade and Cluj-Napoca's Gay Film Nights festival.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Cuba have significantly varied throughout modern history. Cuba is now considered generally progressive, with vast improvements in the 21st century for such rights. Following the 2022 Cuban Family Code referendum, there is legal recognition of the right to marriage, unions between people of the same sex, same-sex adoption and non-commercial surrogacy as part of one of the most progressive Family Codes in Latin America. Until the 1990s, the LGBT community was marginalized on the basis of heteronormativity, traditional gender roles, politics and strict criteria for moralism. It was not until the 21st century that the attitudes and acceptance towards LGBT people changed to be more tolerant.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Jamaica face legal and social issues not experienced by non-LGBT people. Consensual sexual intercourse between same-sex partners is legally punishable by imprisonment.
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 related 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, and transgender (LGBT) people in Ethiopia face significant challenges not experienced by non-LGBT 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 LGBT people. Ethiopia has a long history of social conservatism and same-sex sexual activity is considered a social taboo.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Angola have seen improvements in the early 21st century. In November 2020, the National Assembly approved a new penal code, which legalised consenting same-sex sexual activity. Additionally, employment discrimination on the basis of sexual orientation has been banned, making Angola one of the few African countries to have such protections for LGBT people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Sudan face significant challenges not experienced by non-LGBT 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, and transgender (LGBT) people in Eritrea face severe challenges not experienced by non-LGBT residents. Homosexual acts are illegal in Eritrea; typically punishable by up to three years in prison. LGBT persons are reportedly prosecuted by the government and additionally face hostility amongst the broader population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Somalia face severe challenges not experienced by non-LGBT 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.
Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex in Asia, and acceptance of LGBT persons varies widely. Same-sex sexual activity is outlawed in at least twenty Asian countries. In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen homosexual activity is punishable by death. In addition, LGBT people also face extrajudicial executions from non-state actors such as the Islamic State of Iraq and the Levant and Hamas in the Gaza Strip. While egalitarian relationships have become more frequent in recent years, they remain rare.
With the exceptions of some countries in Africa like South Africa, Cape Verde, Mauritius, Seychelles, Angola, Botswana, and Mozambique, lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are limited in comparison to the Americas, Western Europe and Oceania.
Lesbian, gay, bisexual, and transgender (LGBT) people in Equatorial Guinea face legal challenges not experienced by non-LGBT residents. Both male and female kinds of same-sex sexual activity are legal in Equatorial Guinea, however LGBT 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-LGBT 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.
Lesbian, gay, bisexual, and transgender (LGBT) people living in Saint Lucia face legal challenges not experienced by non-LGBT members of the population. Same-sex sexual activity is illegal for males, though the law is not enforced.
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.”
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It currently remains a legal punishment in several countries and regions, most of which have sharia–based criminal laws except for Uganda.
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