Same-Sex Domestic Partner Accreditation - Algeria

UNCLAS ALGIERS 000161

SIPDIS

FOR THE UNDER SECRETARY FOR MANAGEMENT

ALSO FOR NEA-SCA/EX


E.O. 12958: N/A
TAGS: APER AMGT PHUM AG
SUBJECT: Same-Sex Domestic Partner Accreditation - Algeria

REF: (A) STATE 0788 (B) ALGIERS 0073



1. Post notes that Algerian law prohibits homosexual relations and
that the issue is a public taboo, in large part because of the
strong Muslim prohibition against homosexuality as well as strongly
conservative social mores. Discussions with other western embassies
in Algiers, some of which have had to deal with same-sex partner
accreditation, have underscored this point. None has so far raised
this issue formally with the Algerian MFA. Our western diplomatic
colleagues generally contend that formally raising the issue would
likely force the GOA to respond with a formal "no" or be met with no
formal response. One European embassy acknowledged that it
currently counted a same-sex couple in its community. The diplomat
in question is fully accredited; his partner, however, is declared
to the Algerian MFA only as a domestic servant (in this case a
"cook") and thus legally resident but without full privileges and
immunities. The EU mission has two same-sex couples, one of which
has obtained full privileges and immunities by claiming the
non-official partner is a "family member." This couple, however, is
under pressure to be discreet and not advertise its true
relationship in public. The other EU same-sex couple, however, has
had more problems after declaring its homosexual nature officially
to the GOA. Although allowed into the country the non-official
partner is required to resubmit his visa for renewal every three
months at the MFA and enjoys no privileges and immunities.


2. Post informally raised the subject initially during a previously
arranged meeting for a Washington visitor with MFA North America
Director Abdelmoun'aam Ahriz on January 31. After noting to Ahriz
that the Department had informed foreign missions in Washington last
November of the Department's intention to seek reciprocal
accreditation to same-sex partners, we asked whether the MFA would
consider doing the same for same-sex partners posted in Algeria.
Ahriz had no information on the issue and appeared puzzled by the
idea. In a February 21 meeting with MFA Director for Immunities and
Privileges Serrai Abdelkrim, DCM referred to the earlier
conversation and, stressing that he was raising the issue
informally, asked how the GOA would react to a request for
accreditation of same-sex partners of USG personnel assigned to
Algiers. Abdelkrim acknowledged Algeria's legal prohibition of
homosexuality but would not respond directly to the question.
Instead, he posed a series of questions of his own, including how
the same-sex relationship would be indicated in the passport of an
accompanying partner as well as how U.S. state and federal law
treated gay partnerships and marriage.


3. We have heard separately from the Canadian embassy that, when
its ambassador informally asked MFA Protocol February 14 about
prospects for assigning a same-sex couple to Algiers this summer, he
was informed that we had made a similar informal inquiry. After
reminding the Canadian ambassador that Algerian law prohibits
homosexual unions, the MFA advised him that it would "reflect" on
the issue and provide an informal response in due course. The
Canadian embassy reported February 18 that the MFA had followed up
by stating that it would accept to provide full privileges and
immunities but only if the person in question was declared as a
"member of family" and not as a "spouse," with the further
understanding that the couple would not present themselves on
invitations or in any other public way as a married couple, i.e., as
the EU mission has accepted to do for one of its diplomats. The
Canadian diplomat considering the assignment, however, had already
decided to withdraw his candidacy based on the earlier noncommittal
response. (Note: We understand the diplomat in question was being
considered as the next Canadian ambassador to Algiers. End note)


4. Although we have flagged the issue, post believes that pressing
the MFA to provide a more explicit, official response would be
counterproductive. Post agrees with our western colleagues that the
GOA is unlikely to agree to accredit same-sex partners of U.S.
diplomats in response to a formal request or on a basis other than
as "members of family."

PEARCE