Air France has confirmed that it is complying with new Israeli restrictions barring pilots and cabin crew holding certain nationalities from operating flights into Israeli airspace, a policy that has raised concerns over possible discrimination under French law.
The restrictions reportedly cover nationals of 31 countries, many of them Arab or Muslim-majority, including Algeria, Tunisia, Iran, Oman, Saudi Arabia, Pakistan and Niger. The policy was reported by Israeli media and French investigative publication Mediapart.
“Like all airlines, Air France is required to comply with the entry regulations established by the authorities of the countries it serves, both for its customers and employees,” the airline told Al Jazeera.
According to Israeli broadcaster N12, the Ministry of Transport and Road Safety notified foreign airlines on October 1 that pilots and cabin crew operating flights into Israeli airspace must not hold the nationality, including dual nationality, of countries that do not maintain diplomatic relations with Israel.
The directive followed an alleged incident on September 30 involving a Flydubai flight travelling from Dubai to Tel Aviv. Emirati and Israeli authorities accused an Omani co-pilot of attempting to hijack the aircraft and crash it into Israel’s Ben Gurion Airport. The co-pilot was also accused of attacking the Indian pilot, who was reported to be recovering in hospital.
Air France said its affected employees had been informed of the new regulations. An internal memo to the airline’s pilots and cabin crew, seen by Mediapart, reportedly warned that failure to comply could expose both the airline and the employees concerned to sanctions. Al Jazeera said it could not independently verify the memo.
The restrictions could affect dozens of airlines operating flights to, from or over Israel. Smartwings, the largest Czech airline, confirmed receiving the directive but said it had not affected its operations or crew-management procedures. United Airlines declined to provide further information, without confirming whether it had received or implemented the directive.
The reported restrictions could expose Air France to legal challenges under French employment law, according to Paris-based anti-discrimination lawyer Clara Gandin.
Gandin argued that excluding employees from certain flights because of their nationality could amount to direct discrimination, even if their salaries remained unchanged. She also said the policy could constitute indirect discrimination based on origin and potentially perceived religion, given the nationalities affected.
Article L1132-1 of the French Labour Code prohibits discrimination based on nationality in employment, including decisions concerning work assignments, remuneration and disciplinary measures.
Although French law allows certain distinctions where a characteristic is an essential occupational requirement and the measure pursues a legitimate, proportionate objective, Gandin argued that nationality alone should not determine whether a pilot or cabin crew member can operate a flight.
She said Air France’s continued deployment of the same employees on other routes weakened the argument that their nationality constituted a safety risk. She also maintained that commercial interests in retaining access to the Israeli market would not, by themselves, justify discrimination under French law.
Gandin added that airlines could address security concerns through individual assessments rather than blanket restrictions based on nationality.
However, the legality of the restrictions under French employment law is separate from Israel’s authority to regulate access to its airspace and territory.
International aviation law recognises state sovereignty over national airspace under Article 1 of the 1944 Chicago Convention. Article 13 also permits states to enforce laws governing the admission of passengers and crew into their territory.
Vincent Correia, a professor of air law at McGill University in Canada, told Al Jazeera that states could impose nationality-based immigration restrictions on flight crew members entering their territory.
He explained that the new directive reportedly affects dual nationals because crew members from countries without diplomatic relations with Israel were already barred from flying there.
Gandin, however, maintained that a state’s authority to regulate entry does not automatically exempt airlines from their obligations under applicable employment and anti-discrimination laws.
She said Air France could consider suspending operations on the affected route under the restrictions or challenge the directive through the French state, the French Civil Aviation Authority or the European Union.
According to Gandin, affected employees could seek damages, while trade unions could initiate legal proceedings. She also warned that the measure could raise data-protection concerns if airlines compiled lists of employees based on nationalities in ways that revealed sensitive information about their origins.
The lawyer further said that, under applicable French criminal law, certain forms of discrimination could attract penalties of up to three years’ imprisonment and a fine of 45,000 euros, or about 50,300 dollars.
The wider implications for other international airlines remain uncertain. However, Correia warned that similar restrictions adopted by other countries could complicate crew scheduling, particularly amid pilot shortages, and create additional operational challenges for airlines serving Israel.
Boluwatife Enome
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