| Click here for a summary of Algeria’s review at the first cycle and/or the second cycle. |
27th UPR session
Date of review: 8 May 2017
Date of report adoption: 22 Sep 2017
Document number: A/HRC/36/13
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SUMMARY SOGIESC issues during Algeria’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non-discrimination
13. JS4 stated that despite the constitutional guarantee of the right to non-discrimination, lesbian, gay, bisexual and transgender (LGBT) persons continued to be subjected to discriminatory acts that marginalized them even more, that limited opportunities to set up associations for the promotion of LGBT rights and that made greater awareness of their existence nearly impossible. FLD reported that accusations related to being anti-Islam are also used against human rights defenders addressing LGBTI rights, who face stigmatisation and persecution and are forced to work maintaining a very low profile. JS4 recommended that Algeria introduce legislation to combat discrimination, including discrimination on grounds of sexual orientation and gender identity, that it define homophobic crime and that it impose severe criminal penalties for homophobic acts and discrimination on grounds of gender identity and sexual orientation.
14. JS4 found it regrettable that the Criminal Code described homosexual sex as unnatural and considered it to be immoral. JS4 recommended that Algeria repeal the articles of the Criminal Code that criminalized homosexual sex.
15. JS4 indicated that hate speech and incitement to hatred targeting the LGBT community had become common even in the media. Prominent religious figures took to television studio sets and encouraged violence against homosexuals. In addition, health workers still viewed homosexuals as persons with psychological disorders. There was a lack of activist human rights and feminist associations owing to the fear that taking a public stance in favour of LGBT rights would result in the immediate withdrawal of accreditation. JS4 recommended the adoption of legal reforms to prevent, penalize and eliminate discrimination, including discrimination on grounds of sexual orientation and gender identity.
Fundamental freedoms and the right to participate in public and political life
27. Front Line Defenders (FLD) recalled that during its second review, Algeria accepted a number of recommendations relevant for the situation of human rights defenders, freedom of expression, association and peaceful assembly, media freedom and freedom of religion. FLD considered that, despite the positive reforms introduced in the Constitution, human rights defenders continued to face significant restrictions to their work. Furthermore, human rights defenders, journalists, lawyers and bloggers had been harassed and subjected to police inquiries, prosecution and false charges. LGBT rights defenders continued to face stigmatization and persecution and labor rights defenders organizing protests were also targeted.
37. The National Advisory Commission for the Promotion and Protection of Human Rights encouraged the Government to review Act No. 12-06 to respond better to the concerns of the non-governmental sector. JS5 recommended that Algeria adopt the Best practices on freedom of peaceful assembly put forward by the UN Special Rapporteur on the Right to Peaceful Assembly and Association in his 2012 annual report which call for simple notification rather than explicit permission to assemble; remove all undue restrictions on the ability of civil society organizations to receive international and national funding; immediately reinstate all civil society organizations which have been arbitrarily sanctioned or deregistered; and guarantee the independent functioning of autonomous trade unions. JS4 recommended that Algeria draft a new law on associations that was in line with international human rights law and that provided for a notification procedure rather than a requirement for prior authorization; a simple, non-discriminatory, swift and free procedure for the constitution of associations; and the right to create associations that promoted the rights of LGBT persons.
Women
51. Regarding recommendations 129.26, 129.27, 129.29, 129.33-129.37, 129.39-129.41 and 129.44-129.49112 accepted by Algeria during its last review, Amnesty International AI noted that, despite the enactment, since 2014, of a series of positive legal reforms, discrimination against women still existed both in law and practice. AI regretted that Algeria did not have a law effectively criminalizing violence against women. The Penal Code made rape a crime, without defining it or recognizing marital rape. Even, a provision in the Penal Code allowed a rapist to escape prosecution by marrying the victim, if she was aged under 18. AI added that amendments to the Penal Code, adopted in December 2015, criminalized physical and psychological violence against a spouse as specific offences and broadened the current provisions on sexual harassment. However, the amendments still allowed spouses responsible for violence — unless causing permanent disability or death — to escape prosecution if the victim forgave him or her, and failed to introduce orders against offenders to protect victims from being pressured into withdrawing complaints. JS4 regretted that article 336 of the Criminal Code, under which rape was considered to be a crime, did not address the different circumstances of rape in the case of lesbian, bisexual, transgender and queer women, who were often victims of corrective rape perpetrated by persons in their social or family circles.
51. JS4 recommended that Algeria define spousal rape, in the law, as a separate criminal offence, that it adopt a law to combat gender-based violence in cooperation with civil society and that it ensure that the victims of sexual violence, including LGBT women, had access to effective remedies. HRW recommended Tunisia to adopt additional legislation enabling survivors of domestic violence to obtain protection orders from the police and from courts; and to support the development of specialized domestic violence units or district-level focal points in the police force in all regions.
Minorities and indigenous peoples
56. FLD reported on intimidation and targeting of human rights defenders working on ethnic, religious and sexual minorities, as well as indigenous rights, including defenders belonging to Mozabite and Kabyle groups. Indigenous recommended that the Government invite the Special Rapporteur on the Rights of Indigenous Peoples to visit Algeria before the end of her current mandate.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non discrimination
15. OHCHR indicated that traditional social mores had created an extremely hostile environment for lesbian, gay, bisexual and transgender persons. In 2015, advocacy groups for those communities had focused mainly on personal safety, due to an increase in the intensity of hate speech coming from conservative clerics and the media.
Right to health
42. The Special Rapporteur on health also underlined the need to design and implement an intersectoral public policy for sexual and reproductive health rights aimed at adolescents within and outside the educational system.
IV. References to SOGIESC issues during the Working Group review
14. Il a réitéré l’attachement de l’Algérie à l’universalité des droits de l’homme qui ne doit aucunement signifier « unicité et/ou uniformité » du modèle d’organisation sociale ou politique. Il a réfuté l’amalgame entretenu dans de nombreux fora à propos de l’orientation sexuelle qui relève de l’intimité des personnes, pour le présenter comme une discrimination.
40. Australia acknowledged constitutional amendments and the criminalization of domestic violence and sexual harassment. It remained concerned at allegations curtailing the exercise the right to freedom of expression.
79. Ireland urged that a standing invitation to Special Procedures be extended and outstanding visits accepted. De-criminalisation of consensual same-sex relations and create a safe and enabling environment for human rights defenders and civil society were also urged.
V. Conclusions and/or recommendations
Algeria accepted the following recommendation:
129.177. Adopt effective measures to combat sexual and gender-based violence, ensuring victim’s access to justice and to reception and reparation services (Chile);
Algeria noted the following recommendations
129.60. Repeal Article 338 of the Penal Code, which criminalizes sexual acts between two consenting adults of the same sex (Canada);
129.61. Decriminalise same-sex sexual relations by repealing Article 339 of the Penal Code and to include LGBT persons in its legal provisions against discrimination (Sweden);
129.62.2 Adopt legislation against discrimination, including discrimination based on sexual orientation and gender identity and amend provisions with a tendency to maintain discrimination related to gender (France);
129.63. Take the necessary measures to combat discrimination based on sexual orientation and gender identity and to repeal legislation criminalizing consensual sexual relations between person of the same sex, in accordance with the constitutional provision on the elimination of discrimination (Spain);
129.64. Ensure the respect for the rights and fundamental freedoms of LGBTIQ persons, by repealing the norms that criminalise and stigmatise them (Argentina);
129.65. Stop arresting people for same-sex relations (Israel);
129.198. Revise article 336 of the Penal Code in order to define the crime of rape as a non-consensual sexual relationship (Paraguay);
VI. Further information
You will find all documents relating to Bahrain’s third review at UPR-Info and OHCHR’s websites.