ALGERIA-SOGI-TBs-CCPR

Concluding Observations on Report 4 (2018) (Link)

Anti-discrimination measures

19. The Committee takes note of the delegation’s explanations regarding the constitutional guarantee of the prohibition of discrimination and the non-communitarian nature of Algerian society. While taking note of articles 295 bis 1 and 295 bis 2 of the Criminal Code, the Committee remains concerned that the definition of discrimination does not include such grounds of discrimination as language, religious belief, sexual orientation and gender identity, and finds it regrettable that current legislation does not offer victims effective civil and administrative remedies. The Committee is also concerned by allegations of acts of discrimination, stigmatization and hate speech against migrants, asylum seekers and Amazigh communities. 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).

20. The State party should:

(a) Adopt 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;

(b) Undertake to combat hate speech by public or private persons, including on social media and the Internet, in accordance with articles 19 and 20 of the Covenant and general comment No. 34 (2011) on freedoms of opinion and expression;

(c) Repeal article 338 of the Criminal Code in order to decriminalize sexual relations between consenting adults of the same sex;

(d) Release all persons detained on the basis of article 338 of the Criminal Code.

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Concluding Observations on Report 3 (2007) (Link)

26. The Committee notes with concern that some provisions of the Criminal Code, in particular article 338, prohibit private sexual activity between consenting adults of the same sex (Covenant, arts. 17 and 26).

The State party should revoke these provisions.

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Concluding Observations on Report 2 (1998) (Link)

[no mention]

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Concluding Observations on Report 1 (1992) (Link)

[no mention]

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