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