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RUEHTRO/AMEMBASSY TRIPOLI PRIORITY
RUEHMD/AMEMBASSY MADRID PRIORITY 9188
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UNCLAS SECTION 01 OF 07 ALGIERS 000177 
 
SIPDIS 
SENSITIVE 
 
DEPT FOR G/TIP, DS/IP/NEA, DS/ICI/CI, DS/ICI/CR; DEPT OF 
JUSTICE FOR ICITAP, OPDAT 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG
ASEC, AG 
SUBJECT: ALGERIA: 2009 TRAFFICKING IN PERSONS REPORT 
 
REF: A. ALGIERS 146 
     ¶B. 08 STATE 132759 
 
¶1. (U) The TIP Officer for Embassy Algiers is Ryan 
Campbell; tel. (213)-(0)770-08-20-00, ext. 2264; fax 
(213)-(0)21-60-73-35; unclassified email: 
campbellrt@state.gov.  Number of hours spent by rank: 1 
hour FE-MC, 2 hours FE-OC, 2 hours FS-02, 15 hours FS-03, 
25 hours FS-06, 10 hours FSN. 
 
SUMMARY 
------- 
 
¶2. (SBU) Algeria is a transit country for internationally 
trafficked persons, primarily from sub-Saharan Africa en 
route to Europe.  Local NGOs and international 
organizations estimate that most trafficking victims enter 
Algeria voluntarily as illegal migrants, then become 
victims of labor or sexual exploitation in connection with 
paying the cost of their passage to Europe.  There are no 
official sources of information regarding the scope of the 
problem, or the number of victims.  NGOs and international 
organizations estimate that between 5,000 and 9,000 illegal 
migrants may have been victims of trafficking. 
Security-related constraints on Embassy personnel, 
particularly on travel, make it difficult for us to obtain 
independent information on trafficking. 
 
¶3. (SBU) The Algerian government enacted new comprehensive 
anti-TIP legislation in January 2009. The new law 
criminalizes trafficking for the purposes of labor and 
sexual exploitation and stipulates prison terms of 3 to 20 
years (ref A).  Officials said the law was drafted to 
conform to the UN Protocol to Prevent, Suppress and Punish 
Trafficking in Persons, which Algeria ratified in 2003.  In 
the past year the government has publicly recognized 
trafficking as a problem within Algeria's borders and 
passed new anti-TIP legislation.  These steps addressed 
directly two of the USG's key recommendations concerning 
trafficking in persons in Algeria and as such constitute 
significant progress in this reporting period.  In the 
coming year, a new set of benchmarks will be needed to 
measure Algeria's progress on implemention of the new law 
as well as efforts to investigate and prosecute trafficking 
crimes.  In order to encourage continued Algerian progress 
in combating TIP, and in recognition of the steps taken 
this year, we recommend that Algeria be placed on the Tier 
2 watch list in the 2009 TIP Report.  END SUMMARY. 
 
¶4.  (SBU) Begin post response keyed to ref B: 
 
¶23.  THE COUNTRY'S TIP SITUATION: 
 
¶A. Embassy sources on TIP include the Algerian government, 
UNHCR, the Algerian NGO SOS Femmes en Detresse, UNICEF, and 
the Italian NGO CISP.  The government does not have a 
standardized approach to document cases of human 
trafficking.  The recent adoption of legislation 
criminalizing TIP might encourage the government to 
undertake some effort in this regard.  NGOs and 
international organizations have limited resources to 
document TIP cases and provide only estimates on the scope 
and methods of trafficking in Algeria based on their work 
with vulnerable groups such as illegal migrants and victims 
of domestic violence. 
 
¶B. Algeria is a transit country for internationally 
trafficked persons, primarily from sub-Saharan Africa en 
route to Europe, for the purposes of forced labor and 
commercial sexual exploitation.  There is no evidence that 
children have been victims of trafficking.  One local NGO 
reported that child labor -- street vending and domestic 
service -- existed (see the 2009 Algeria Country Report on 
Human Rights for a more detailed discussion).  The 
government adopted an amendment to the criminal code on 
January 28 that criminalizes TIP and stipulates prison 
terms of 3 to 20 years and fines up to USD 30,000 for 
convicted traffickers.  This marks a significant change in 
 
ALGIERS 00000177  002 OF 007 
 
 
the government's posture on TIP and demonstrates official 
recognition of the existence of trafficking in Algeria. 
Reliable statistics are not available from the government 
or NGOs on the number of potential victims. CISP, an 
Italian NGO working in Algeria since 1990, estimates there 
are between 10,000 and 15,000 illegal sub-Saharan African 
migrants in Algeria, of whom 50 percent are potential 
trafficking victims.  CISP adds that approximately 16 
percent of illegal migrants are women, and speculates that 
many of them are potential TIP victims as well.  Using 
these figures the number of trafficked men could be between 
4,200 and 6,300; the number of trafficked women could be 
between 800 and 1,200. 
 
¶C. CISP reported that the European Union's (EU) recent 
efforts to stem illegal migration flows have somewhat 
reduced the number of illegal migrants entering Algeria, 
lowering the number of individuals most vulnerable to 
trafficking.  A significant number of illegal migrants, 
however, remain in Algeria.  CISP believes that some 
illegal migrants who fail to reach Europe often choose to 
return to their country of origin, rather than seek jobs in 
Algeria.  NGOs report that most trafficked persons 
voluntarily relocate to Algeria, entering the country 
illegally with the assistance of migrant smugglers who 
require payment for their services.  These persons are then 
required to work for a time in Algeria to pay off debts and 
accumulate enough money to fund the next leg of their 
journey to Europe.  Illegal immigrants typically work and 
live in substandard conditions. However, the Algerian NGO 
SOS Femmes en Detresse has reported isolated incidences of 
illegal immigrants receiving medical care without 
difficulty. 
 
¶D. Illegal migrants in Algeria are most at risk of being 
trafficked.  Illegal migrants have limited legal rights and 
often must rely on informal networks for employment and 
social services, thus exposing them to exploitation by 
criminal groups.  Men are generally more at-risk for forced 
labor exploitation, while women are at higher risk for 
commercial sex exploitation and domestic servitude.  There 
is no evidence that children are at risk for trafficking. 
The National Gendarmerie arrested 1,355 illegal migrants in 
the southern region of Illizi in late 2008.  The National 
Gendarmerie reported that between January and October 2007 
6,000 illegal immigrants were arrested in Algeria.  The 
same report says that 4,500 of the illegal immigrants were 
repatriated to their countries, while the remaining 1,500 
were either freed or jailed for various offenses including 
drug trafficking, prostitution and robbery. 
 
¶E. We have no official information on criminal networks 
involved in trafficking, or the methods they employ. 
Smuggling activities are prevalent in the Algerian south, 
where the majority of illegal migrants enter the country. 
According to local NGOs, the southern city of Tamanrasset 
is the primary hub for migrants attempting to transit 
north, with Djanet and Illizi as secondary hubs.  NGO 
experts assert that criminal networks of sub-Saharan 
nationals in Tamanrasset facilitate transit by arranging 
transportation, forged documents and employment.  CISP said 
these criminal networks likely force some migrants to work 
off the cost of their onward journey to Europe.  CISP 
indicated that some women are forced into prostitution; 
male victims are forced into various forms of manual labor. 
 
¶24. SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP 
EFFORTS: 
 
¶A. The Algerian government acknowledges that trafficking is 
a problem.  In a June 2008 thematic debate on TIP at the 
UN, a government official stated that Algeria was affected 
by trafficking in persons and said that Algeria was working 
bilaterally with its neighbors to deal with illegal 
migration and TIP in the south.  The government enacted 
legislation in January 2009 that criminalizes TIP. Prior to 
2008, the Algerian government had not formally recognized 
trafficking in persons as a problem and had no specific law 
 
ALGIERS 00000177  003 OF 007 
 
 
to address TIP.  In general, the Algerian government had 
previously treated TIP within the context of illegal 
migration.  The government increased the budget for 
anti-immigration efforts five-fold to 18 billion dinars in 
¶2008. 
 
¶B. The Algerian government's point of contact on 
trafficking in persons is Mohamed Amara, Director General 
of Judicial and Legal Affairs at the Ministry of Justice. 
An interministerial group working on TIP is said to exist. 
However, its findings have not been made public.  According 
to MFA officials, the interministerial group met several 
times during the past year and was responsible for drafting 
the new TIP legislation.  The interior and justice 
ministries play key roles in anti-trafficking efforts, with 
the interior ministry having overall responsibility for the 
national police and the border police.  Responsibility for 
the gendarmerie falls under the defense ministry.  Some 
wilayas (provinces) that have international borders have 
organized "Immigration Coordination Committees" to combat 
illegal immigration in their jurisdictions.  In February 
2008, the National Gendarmerie announced the creation of 
"Specialized Maritime Brigades" to combat illegal 
immigration. 
 
¶C. It is difficult to assess the government's limitations 
to address trafficking because it is not yet fully 
sensitized to the issue.  There is evidence that 
trafficking is better understood by some elements in the 
government, as the new anti-TIP legislation demonstrates. 
But there is no evidence of a coordinated government-wide 
effort to take action on it.  The new TIP law is an 
important first step in promoting a broader understanding 
of the problem.   However, efforts are still primarily 
focused on combating illegal immigration and not 
trafficking. 
 
¶D. The government does not publish assessments of its 
efforts to monitor anti-trafficking efforts.  The national 
gendarmerie does, however, occasionally hold press 
conferences to highlight major arrests connected with 
illegal immigrants. 
 
¶25. INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
¶A. The parliament amended the Algerian criminal code on 
January 28 by adding Section 5 bis entitled, "Trafficking 
in Persons" (reftel).  Articles 303 bis 4 - 15 provide a 
legal definition of trafficking crimes and stipulate prison 
terms ranging from 3 to 20 years and fines up to USD 
30,000.  MFA officials said the law was drafted to conform 
to the definitions contained in the UN Protocol to Prevent, 
Suppress, and Punish Trafficking in Persons, Especially 
Women and Children, supplementing the United Nations 
Convention against Transnational Organized Crime, which 
Algeria ratified in 2003. 
 
The following is an unofficial translation of the articles 
contained in Section 5 bis: 
 
Article 303 bis.4:  Trafficking is considered the 
recruitment, transportation, transfer, lodging or receiving 
of one or several persons, through threat, use of force, 
other forms of constraint, abduction, fraud, abuse of 
authority or a situation of vulnerability or through the 
offer or acceptance of payment or benefits in order to 
achieve the consent of a person having control over another 
for the purpose of exploitation. 
 
Human trafficking is punishable with 3 to 10 years 
imprisonment and with a fine of 300,000 to 1,000,000 DA. 
 
When the trafficking is carried out on a person whose state 
of vulnerability due to age, illness, or physical or mental 
disability, visible or known to the perpetrator, the 
penalty is 5 to 15 years imprisonment and a fine of 500,000 
to 1,500,000 DA. 
 
 
ALGIERS 00000177  004 OF 007 
 
 
Article 303 bis.5: Human trafficking is punishable by 10 to 
20 years imprisonment and a fine of 1,000,000 to 2,000,000 
DA, if the offense is committed with at least one of the 
following circumstances: 
 
--When the perpetrator is the spouse of the victim or a 
descendant or relative or his/her guardian or has authority 
over the victim or is a civil servant whose function has 
facilitated the commission of an offense; 
 
--When an offense is committed by more than one person; 
 
--When an offense is committed by persons carrying weapons, 
or by persons threatening to use weapons; 
 
--When an offense is committed by an organized criminal 
group or when the offense is related to transnational 
crime. 
 
Article 303 bis.6: A person convicted of one of the facts 
punished under this section does not benefit from the 
mitigating circumstances set forth in Article 53 of the 
criminal code. 
 
Article 303 bis.7: A person guilty of an offense provided 
for in this section shall be convicted of one or many of 
the penalties set forth in Article 9 of the criminal code 
(Forfeitures). 
 
Article 303 bis.8: Prohibition on residing on the national 
territory is issued by the relevant court on a final basis 
or for the duration of ten years or more for any foreigner 
convicted of one of the violations set forth in this 
section. 
 
Article 303 bis.9: A person who, prior to committing a 
trafficking offense, informs the administrative or legal 
authorities shall be exempted from the penalty. 
 
The penalty is decreased by half if such an admission takes 
place after completion or the attempt of committing the 
violation but before or after the opening of proceedings as 
long as it allows the arrest of the same violation's 
perpetrators or accomplices. 
 
Article 303 bis.10: Whoever, even if limited by 
confidentiality, is aware of a trafficking in persons 
violation and does not inform the relevant authorities 
immediately shall be punished by one to five years in 
prison and a fine of 100,000 DA to 500,000 DA. 
 
In addition to violations committed against children under 
the age of 13, the provisions of the previous paragraph do 
not apply to parents, collaterals, and fourth degree 
relatives of the perpetrator. 
 
Article 303 bis.11: An entity is declared criminally 
responsible, in the conditions set forth in Article 51 of 
the criminal code, for violations provided for in this 
section. 
 
The entity shall undergo the same penalties provided for in 
Article 18 of the criminal code. 
 
Article 303 bis.12: The consent of the victim is with no 
effect when the perpetrator uses one of the ways set forth 
in Article 303 bis 4 paragraph 1 of this law. 
 
Article 303 bis.13: Attempt to commit the offenses provided 
for in this section shall be punished with the same 
penalties provided for a completed violation. 
 
Article 303 bis.14: In case of conviction for the 
violations provided for in this section, the court shall 
order, subject to the rights of good faith third parties, 
the seizure of the resources that were used to execute such 
violations as well as illegally obtained assets. 
 
 
ALGIERS 00000177  005 OF 007 
 
 
Article 303 bis.15: The provisions of Article 60 of the 
criminal code regarding the security period apply to the 
violations provided for in this section. 
 
Prior to the enactment of Algeria's TIP legislation 
traffickers could be prosecuted under section 6 of the 
penal code, articles 291-293 (which deal with holding and 
transporting people against their will), and under articles 
342 to 349 of Ordinance 66-156 (which deal with 
prostitution and procurement). 
 
¶B. Under article 303 bis.4, the penalty for trafficking in 
persons for purposes of sexual exploitation is a prison 
sentence of 3 to 10 years and a fine ranging from $4,225 to 
$15,000 (300,000 to 1 million dinars).  For crimes 
perpetrated against a vulnerable group -- defined as 
minors, persons with an illness, or handicapped persons -- 
the prison term is 5 to 15 years and a fine ranging from 
$7,000 to $22,100 (500,000 to 1.5 million dinars).  Article 
303 5 bis stipulates a prison term of 10 to 20 years and a 
fine of $15,000 - $30,000 (1 million to 2 million dinars) 
when the perpetrator is a spouse or relative of the victim, 
when the crime is committed by more than one person, when 
the crime is committed with the use or threat of arms or 
coercion, or when the crime is perpetrated by a criminal 
group or is considered a transnational crime. 
 
¶C. Algeria's law specifically prohibits trafficking in 
persons for labor exploitation and stipulates the same 
punishments that apply to trafficking for sexual 
exploitation.  Chapter 4 of the Algerian law on foreigners 
legally present in Algeria requires employers to declare 
the number of foreign workers to the police or the National 
Gendarmerie within 48 hours of hiring.  Employers can face 
fines up to $11,260 for employing illegal immigrants. 
Algeria is not a destination country for persons trafficked 
for labor exploitation.  According to local NGOs and UNHCR, 
some labor exploitation does occur in the case of 
transiting illegal migrants who are compelled by their 
traffickers to work off the cost of transit. 
 
¶D. In cases of rape, Article 336 of the penal code provides 
for a prison term of five to ten years.  If the victim is a 
minor, then Ordinance 75-47 stipulates a prison term of 10 
to 20 years.  Article 343 of the penal code stipulates 
prison sentences of two to five years and fines of $7 to 
$281 (500-20,000 dinars) for individuals who help or 
protect those involved in prostitution, as well are those 
involved in solicitation.  Article 346 of the penal code 
stipulates prison sentences of two to five years and fines 
of $141 to $1408 (10,000-100,000 dinars) for individuals 
who provide financial support to places that enable 
prostitution to occur, such as hotels, restaurants, clubs, 
etc. 
 
¶E. The government has not prosecuted any cases against 
human trafficking offenders. 
 
¶F. According to the National Gendarmerie, in 2005 the 
government created anti-trafficking units within the 
security services, the effectiveness of which we are unable 
to verify.  In 2006, the National Gendarmerie also 
established a criminology institute to improve 
investigation and research methods.  In 2008, the National 
Gendarmerie announced the creation of "Specialized Maritime 
Brigades" to combat illegal migration.  We are not, 
however, able to verify the content of the training or the 
specific investigative and research methods used. 
 
¶G. Yes.  The Algerian national police (DGSN) and the 
National Gendarmerie have assigned officers as liaisons to 
Interpol to work on trafficking in persons.  In a June 2008 
thematic debate on TIP at the UN, a government official 
stated that Algeria was working with neighboring countries 
in the south to deal with illegal migration and TIP. 
 
¶H. The Algerian government does not extradite persons who 
are charged with trafficking in other countries because 
 
ALGIERS 00000177  006 OF 007 
 
 
until recently Algerian law did not reference trafficking 
in persons.  In order for extradition to occur, the crime 
under Algerian law must be recognized in the Algerian legal 
code and in the laws of the country requesting extradition. 
 
¶I. We have no evidence of systematic government involvement 
in trafficking. 
 
¶J. Not applicable. 
 
¶K. Prostitution is illegal throughout Algeria.  The laws 
against prostitution are enforced.  The activities of 
brothel owners/operators, pimps and enforcers are 
criminalized and the laws are also enforced. 
 
¶L. Algeria contributed a maximum of 13 troops and other 
personnel to United Nations peacekeeping operations in 
2008, according to Global Policy Forum ( 
http://www.globalpolicy.org/security/peacekpg /data/pko08-1.h 
tp).  We have no evidence that any of the 13 were involved 
in severe forms of trafficking. 
 
¶M. Algeria does not have an identified child sex tourism 
problem, according to UNICEF representatives. 
 
¶26. PROTECTION AND ASSISTANCE TO VICTIMS: 
 
¶A. The government does not have a protection structure in 
place to assist victims and witnesses.  The government has 
told us that care facilities for vulnerable people exist 
and are accessible to trafficking victims.  However, the 
government is unable to tell us if trafficking victims 
actually make use of the facilities.  There are no 
specialized facilities dedicated to helping victims of 
trafficking. 
 
¶B. The government has told us that care facilities for 
vulnerable people exist and are accessible to trafficking 
victims.  However, the government is unable to tell us if 
trafficking victims actually make use of the facilities. 
There are no specialized facilities dedicated to helping 
victims of trafficking. 
 
¶C. The Algerian government does not provide specialized 
services, protection or formal assistance of any kind to 
victims of trafficking.  However, the government has told 
us that care facilities for vulnerable people exist and are 
accessible to trafficking victims. 
 
¶D. As mentioned above, the Algerian government does not 
provide services, protection or assistance to victims of 
trafficking per se, according to local NGOs SOS Femmes en 
Detresse and FOREM.  However, SOS Femmes en Detresse has 
reported isolated incidences of illegal immigrants 
receiving medical care. 
 
¶E. There are no specialized facilities dedicated to helping 
victims of trafficking. 
 
¶F. We are unaware of any formal referral process to 
transfer victims from custody to short-term or long-term 
care.  UNHCR has a small program with SOS Femmes en 
Detresse to provide basic psychological support to women 
who are illegal migrants and victims of abuse.  UNHCR 
asserts that some of the women it refers to SOS Femmes en 
Detresse could be victims of trafficking, but neither 
organization has the expertise or resources to 
systematically identify potential trafficking victims. 
 
¶G. Reliable statistics are not available from the 
government or NGOs on the total number of trafficking 
victims. Based on assessments from local NGOs, we estimate 
the number of trafficked men to be between 4,200 and 6,300, 
and the number of trafficked women to be between 800 and 
1,200. 
 
¶H. We are not aware of official mechanisms for identifying 
trafficking victims under the monitoring procedures 
 
ALGIERS 00000177  007 OF 007 
 
 
currently in place.  However, immigration and customs 
officials, border police, the gendarmerie and the military 
monitor airports, seaports and border crossings in their 
attempt to prevent illegal immigration. 
 
¶I. Because the government has no standardized approach to 
document trafficking cases, we suspect that victims are 
generally treated as illegal immigrants and are subject to 
detention and deportation. 
 
¶J. There is no formal Algerian government program to 
encourage victims to assist in the investigation and 
prosecution of trafficking. 
 
¶K. According to local NGOs, the government does not provide 
specialized training to government officials in recognizing 
trafficking or in dealing with the victims of trafficking. 
 
¶L. The government has not published information on the 
assistance it provides to repatriated nationals. 
 
¶M. CISP, an Italian NGO operating in Algeria, is the one 
NGO that is dedicated to dealing with trafficking in 
persons.  CISP does so without official recognition from 
the government.  CISP is tolerated by the government but, 
like other NGOs, faces the risk of running afoul of the 
government and having its activities curtailed.  The 
director of CISP's Algeria office nonetheless reported that 
the organization has met with government officials and that 
the government has used its reports. 
 
¶27. PREVENTION: 
 
¶A. We are not aware of any government-run anti-trafficking 
campaigns. 
 
¶B. As noted earlier, the government does not publish 
assessments of its efforts to monitor anti-trafficking 
efforts.  The National Gendarmerie does, however, 
occasionally hold press conferences to highlight major 
arrests connected with illegal immigrants. 
 
¶C. The Algerian government's point of contact on 
trafficking issues is Mohamed Amara, the Justice ministry's 
Director General of Judicial and Legal Affairs.  An 
interministerial group working on TIP is said to exist. 
However, its findings have not been made public.  The 
Interior ministry's Operations Office (La Direction 
Generale des Operations) deals with trafficking-related 
matters. 
 
¶D. The government does not have a national plan of action 
that addresses trafficking in persons specifically. 
Rather, it deals with trafficking in persons under the 
auspices of its national plan against criminality, which 
was approved in 2006 by the Prime Minister's office. 
Further, since 2006, the government's ongoing Justice 
Reform Commission has been charged with drafting penal 
texts that criminalize trafficking in persons. 
 
¶E. According to sources in the Justice ministry, the 
Algerian government is working on draft laws that will 
increase the fines and prison terms for individuals 
involved in prostitution.  The National Gendarmerie stated 
in the press that it has increased efforts to crack down on 
individuals involved in prostitution. 
 
¶F. Not applicable. 
 
¶G. Not applicable. 
 
¶5.  (U) End post response keyed to ref B. 
PEARCE