The legal system of the People’s Democratic Republic of Algeria is a mix of French civil law and Islamic law. Following the Algerian War of Independence, the Constitution of Algeria was adopted in French, and most recently revised in December 2020. 

Same-sex sexual activity

The Algerian Penal Code criminalises same-sex sexual activity. Article 338 of the Penal Code criminalises “all culpable of an act of homosexuality“. Although not expressly specified, it is likely that both men and women can be punished under this law. The Penal Code does not define “an act of homosexuality,” but the U.S. State Department report on human rights practices for 2023 (the “US State Department Report”) states that it was “understood to mean any behavior suggestive of a homosexual orientation.” Anyone contravening this law can be subject to a penalty of imprisonment between two months and two years, and a fine totalling between DZD 500 and 2,000. 

Under Article 338 of the Penal Code, homosexual acts where at least one of the parties is a minor (under 18 years old), even if consensual, are also illegal and are more severely punished with up to three years of imprisonment and a fine of DZD 10,000.  

Article 333 criminalises acts of public indecency and the penalty increases if it involves people of the same sex. The penalty imposed is between six months and three years’ imprisonment and a fine between DZD 1,000 and 10,000. The law does not define “public indecency,” but according to the U.S. State Department Report, it is understood to mean “an ‘immoral’ intimate act performed in public, judged by cultural or religious standards.” 

The U.S. State Department Report further notes that “the vague wording of laws criminalizing ‘homosexual acts’ and ‘acts against nature’ permitted sweeping accusations that resulted in multiple arrests for consensual same sex acts.” Beyond the offences outlined above, the U.S. State Department Report additionally notes that LGBTQI+ persons also face criminal prosecution under other laws which are “disproportionately applied against LGBTQI+ persons, such as laws concerning commercial sex, public indecency, and ‘associating with bad characters.’“

According to Algeria’s 2022 state report to the Human Rights Council, Algeria does not at this stage intend to repeal Article 338 of the Penal Code, because the provisions are based on “several moral, religious, philosophical and social considerations that are tightly intertwined with the values and principles of Algerian society.” A 2023 report published by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (“ILGA”)  notes that, at the international level, Algeria “rejected a specific recommendation to ‘stop arresting people for same-sex relations’ in its third cycle of the Universal Period Review before the UN Human Rights Council.” 

Constitutional protections

The Algerian Constitution contains certain protections which may be of relevance to LGBTQI+ persons. In particular, Articles 35, 37 and 47 of the Constitution provide as follows:

• “The institutions of the Republic shall seek to ensure equality of rights and duties of all citizens by removing the obstacles impeding the development of the human personality and preventing the effectual participation of all in the political, economic, social and cultural life” (Article 35);
• “All citizens shall be equal before the law and shall be guaranteed the right to equal protection. There shall be no pretext for discrimination on the basis of birth, race, gender, opinion, or any other personal or social condition or situation” (Article 37); and
• “Every person shall have the right to protection of his honor and private life. The violation of this right shall be punishable by law” (Article 47).

Whilst the prohibition against discrimination on the basis of “any other personal or social condition or situation” could arguably extend to cover discrimination on the basis of sexual orientation, it appears that Algeria does not adopt this interpretation. The U.S. State Department Report states that the Algerian Constitution does “not extend explicit protection from discrimination to LGBTQI+ persons based on sexual orientation, gender identity or expression, or sex characteristics….” (although no specific source for this proposition is cited). 

Enforcement

The Human Dignity Trust reports that there is “some evidence” of the relevant Articles of the Penal Code being enforced in recent years. The Human Dignity Trust notes that there have been “consistent reports of discrimination and violence being committed against LGBT people in recent years, including assaults, the denial of basic rights and services, and even murder,” and provide the following examples:

• In September 2023, a man was arrested for allegedly promoting homosexuality online. He was convicted to 18 months in prison and a fine of DZD 10,000. 
• In March 2023, an unreported number of people were arrested for practicing “magic, sorcery and homosexuality” in an apartment in northern Algeria. The outcome of the arrest remains unknown.
• In April 2021, seven people were arrested in relation to a video circulating online which featured two men engaging in same sex sexual activity. 
• The U.S. State Department Report states that, in February 2020, two men were arrested by authorities after sharing photos of their wedding ceremony on social media. They were reportedly charged with displaying shameful images, committing an act of homosexuality in public, and possession of drugs. 
• The U.S. State Department Report also notes that, in July 2020, 44 individuals were arrested for supporting a same-sex marriage. By September, they were convicted of same-sex sexual relations, public indecency, and breaking COVID-19 quarantine measures. Two men received three-year prison sentences and fines, while the others received one-year suspended sentences.

Barriers to freedom of expression

Article 51 of the Algerian Constitution provides that “freedom of conscience and freedom of opinion shall be inviolable.” However, the Penal Code contains a number of provisions which could have the effect of limiting the exercise of this freedom by members of the LGBTQI+ community. The Algerian Penal Code was updated in April 2025 to include new provisions which imposed further constraints on the right to expression and information.

On 28 April 2024, the president ratified Law 24-06 amending and supplementing the Penal Code. According to Amnesty International’s assessment, this introduced “a plethora of overly broad and vague amendments and new provisions which facilitate the criminalization of acts protected by international human rights law. The law could lead to further self-censorship and prevent free and open discussions on matters of public interest.” It is possible that these new provisions could be used to further curb discussions / public debate on LGBTQI+ matters.

The Algerian government has additionally demonstrated a willingness to censor expression of LGBTQI+ people and culture. For example:

• In August 2023, “the Audiovisual Regulatory Authority suspended all programmes on Salam TV channel for a period of 20 days after broadcasting a movie scene of same-sex marriage. The channel’s Director General publicly apologised for his misjudgement.“
• The BBC reported on 15 August 2023 that Algeria had banned the Hollywood movie Barbie for “damaging morals.” An official source told the Reuters news agency that it was being banned for “promoting homosexuality” and not complying with Algeria’s religious and cultural beliefs.
• The New Arab, an English language news website focusing on the Middle East and North Africa region, published a report on 5 January 2023, which reported that the Algeria ministry of commerce was vowing to ban all products with rainbow colours to protect Algerian society from the dangers of homosexuality.

Outside of government intervention and anti-LGBTQI+ rhetoric in Algerian media is commonplace, particularly on outlets such as Ennahar TV and Echourouk TV. In September 2023, an Algerian YouTuber, Anes Tina, called for the “extermination” of homosexuals in order to “alert people” to what he describes as “the danger of the trivialisation of the issue of homosexuality in Algeria.“

Transgender persons

The law does not provide for a transgender person to change their gender identity on official documents and there are no specific provisions addressing the status of intersex people. In 2018, the Algerian Supreme Court denied an individual’s request to change their gender marker on legal documents from male to female, citing contradictions with Islamic Sharia principles and local legal norms. While a French court issued an order in support of the change, the court emphasised that foreign laws must conform to local standards to be accepted. The court allowed gender correction for intersex individuals but viewed gender-affirming healthcare for transgender people as against human nature.

There is no specific legal framework in place in Algeria concerning gender-affirming healthcare. However, there are provisions in the Penal Code which could be used to penalise healthcare professionals who provide gender-affirming care (Articles 264 and 274).

Algeria has ratified most international human rights treaties – including (but not limited to): 

• the International Covenant on Civil and Political Rights (“ICCPR”), together with its Optional Protocol;
• the International Covenant on Economic, Social and Cultural Rights (“ICESCR”);
• the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”), and;
• the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”)

Notably, Alegeria has submitted reservations/derogations which modify its obligations under certain of these treaties. The treaties all contain provisions which are relevant to the protection of LGBTQI+ persons. For example, the ICCPR, CEDAW, CRC and ICESCR all contain articles providing for the right to non-discrimination. Similarly, the ICCPR, CEDAW and CRC include the right to privacy, which treaty bodies have confirmed is violated by the criminalising of private sexual relationships. 

In addition, Algeria has ratified most key regional agreements applicable to Arab and African countries. Human rights protections relating to an individual’s sexual orientation or gender identity in Africa are contained principally in two treaties that apply at the regional level, and to which Algeria is a party: the African Charter on Human and Peoples’ Rights (“ACHPR”) and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, signed and ratified on 29 December 2003 and 20 November 2016, respectively.

The ACHPR guarantees the principles of non-discrimination and equality before the law; the rights to life, dignity and physical integrity; protection against cruel, degrading or inhuman treatment or punishment; and the right to a fair hearing before competent national courts. However, it has been subject to criticism for not containing an express right to privacy, which has traditionally been an important source for the development of human rights protections for LGBTQI+ individuals. Further, the monitoring body of the ACHPR stated in its Final Communiqué that “sexual orientation” was not an “expressly recognised right” in the ACHPR. The extent to which the ACHPR will form a basis for the protection of LGBTQI+ rights is therefore not clear.

In addition, Algeria is a member of the League of Arab States which drafted the Arab Charter on Human Rights (“ACHR”). The ACHR covers a range of political and civil rights, including the right to respect for private and family life (Article 21) and the rights of minorities (Article 25). However, there is no right explicitly relevant to the protection of LGBTQI+ rights. Further, the ACHR does not currently have an enforcement mechanism and its monitoring committee lacks the mandate to adjudicate individual complaints or address urgent human rights situations in member States.

As a Member State of the Organisation of Islamic Cooperation (“OIC”), Algeria is a signatory to the Cairo Declaration on Human Rights in Islam. However, the rights in the Cairo Declaration are subject to broadly drafted constraints, each of which may be relied upon to limit the rights of LGBTQI+ people. For example, Article 5 of the Cairo Declaration provides for the protection of family and marriage, but in doing so refers to the fact that “[t]he family is the natural and fundamental group unit of society. It is based on marriage between a man and a woman.“

Algeria’s implementation of its international human rights obligations 

The Algerian Constitution provides that ratified treaties are supreme to other forms of law, including national law. Algerian delegations to the United Nations have previously represented that the Constitution’s treatment of obligations at international law “leads automatically to the adaptation” of Algeria’s international law obligations within the national legal system. 

However, contrary to these statements, treaty provisions are rarely invoked before local courts. This gap between the ostensible incorporation of international human rights obligations into national law and their implementation and enforcement domestically has been the subject of criticism.

In a submission to the Universal Periodic Review on Algeria, it was concluded that whilst Algeria’s current Constitution “seemingly upholds fundamental rights and freedoms, these constitutional rights are severely restricted in law and practice.” During the fourth periodic review of Algeria’s compliance with its obligations under the ICCPR, the UN Human Rights Committee (“UNHRC”) was also critical of Algeria’s failure to provide example cases in which the ICCPR had been invoked, or applied, by Algerian courts.

Algeria has received criticism regarding its compliance with obligations under international human rights law. For example, the UNHRC provided the following concluding observations and recommendations during the fourth periodic report of Algeria:

“[The UNHRC is concerned that the] definition of discrimination does not include such grounds of discrimination as […] sexual orientation and gender identity, and finds it regrettable that current legislation does not offer victims effective civil and administrative remedies. […] Moreover, the Committee reiterates its concern with regard to acts of discrimination and stigmatization against lesbian, gay, bisexual and transgender persons and finds it regrettable that sexual activity in private between consenting adults of the same sex remains an offence under article 338 of the Criminal Code (arts. 2, 19, 20 and 26).”

In light of these concluding observations, the UNHRC recommended that Algeria take the following steps to ensure the compliance of its obligations under the ICCPR: 

• “[a]dopt comprehensive civil and administrative legislation on discrimination that includes a definition of direct and indirect discrimination, including in the private sphere, and contains a non-exhaustive list of grounds of discrimination, including, inter alia, language, religious belief, sexual orientation and gender identity;“

• “[r]epeal article 338 of the Criminal Code in order to decriminalize sexual relations between consenting adults of the same sex;” and 
• “[r]elease all persons detained on the basis of article 338 of the Criminal Code.“

Algeria has noted several recommendations provided to it by other UN Member States at the fifty-second session of the Human Rights Council in February 2023 regarding both the decriminalisation of consensual same-sex sexual acts under its Penal Code and the introduction of legislation to protect against discrimination based on sexual orientation and gender identity. Examples of such recommendations include:

• “Amend the Penal Code to decriminalize consensual same-sex sexual acts, and introduce legislation to protect against discrimination based on sexual orientation and gender identity (Australia),“
• “Consider repealing article 338 of the Penal Code to decriminalize consensual sexual relations between adults of the same sex (Chile);” and
• “Take measures to end harassment and intimidation of LGBTQI+ persons, and decriminalize same-sex relations between consenting adults (Iceland).“

In 2017, Algeria partially accepted a recommendation by France at the 36th session of the Human Rights Council to adopt legislation against discrimination, including discrimination based on sexual orientation and gender identity, and to amend provisions in Algerian law which perpetuate gender-based discrimination. To date, no legislative steps have been taken further to this acceptance, however. 

A report prepared by the Middle East and North African Rights Group in 2022 as part of the Universal Periodic Review also considered Algeria’s compliance with its obligations under international law. The report observed that:

• reports to various human rights committees were significantly overdue; and 
• despite supporting a recommendation to cooperate with the Human Rights Committee and fully implement its views in May 2018, the Committee decided to suspend its follow-up dialogue “with the finding of unsatisfactory implementation.”

Algeria has also been mentioned in five reports of the UN Secretary-General for intimidation and reprisals against those who cooperate with the UN in the field of human rights since 2017. In January 2025, a Special Rapporteur who visited Algeria criticised the treatment and criminalisation of human rights defenders: “Human rights defenders in different fields of work, some of whom I met, are still being arbitrarily arrested, judicially harassed, intimidated and criminalised for their peaceful activities under vaguely worded provisions, such as ‘harming the security of the State.’” On 3 March 2025, Human Rights Watch’s statement to the 58th session of the UN Human Rights Council summarised the human rights situation in Algeria as “bleak,” observing that Algerian authorities had engaged in a “brutal crackdown on the rights to freedom of expression, association and peaceful assembly, leading to a steady erosion of human rights.“

Algeria’s opposition to international legal reform in respect of LGBTQI+ rights

Algeria has voted against several key UNHRC resolutions aimed at supporting LGBTQI+ rights. For example, in September 2014, Algeria voted against the resolution entitled “Human rights, sexual orientation and gender identity” (A/HRC/RES/27/32). This resolution expressed grave concern towards the infliction of violence and discrimination based upon sexual orientation and gender identity and welcomed positive developments in combatting such behaviours. In addition, Algeria also voted against the resolution entitled “Protection against violence and discrimination based on sexual orientation and gender identity” in 2016 (A/HRC/RES/32/2). Most recently, in 2024, Algeria abstained from voting on the resolution “Combating discrimination, violence and harmful practices against intersex persons” (A/HRC/RES/55/14).

In May 2016, the OIC (of which Algeria is a member) strongly rejected the UNHRC resolution (A/HRC/RES/32/2), stating: 

“While reaffirming OIC’s strong commitment to combating all forms of violence and discrimination against any person or group on any ground, the OIC Secretary General, Iyad Ameen Madani reiterated OIC’s firm stance that the notion of sexual orientation is alien to the international human rights norms and standards as well as against the fundamental precepts of not only Islamic but many other religious and cultural societies.”