Air France to Adhere to Israeli Nationality Restrictions for Flight Crews, Sparking Discrimination Concerns

Air France has confirmed its compliance with new Israeli regulations that restrict flight crew members based on their nationality. This controversial policy, which reportedly bars nationals from 31 Muslim-majority countries, including Algeria, Tunisia, Iran, Oman, Saudi Arabia, Pakistan, and Niger, from flying into Israel's airspace, has raised concerns about potential discrimination lawsuits against the airline.

In a statement to Al Jazeera, Air France stated, "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 Israeli Ministry of Transport and Road Safety reportedly informed foreign airlines on October 1 that pilots and cabin crew operating flights into Israeli airspace must not hold the nationality or dual nationality of countries lacking diplomatic relations with Israel. This directive followed an alleged hijacking attempt on a Flydubai flight from Dubai to Tel Aviv on September 30 by an Omani copilot, who is accused of attacking the plane's Indian pilot.

The new regulations could impact dozens of airlines flying to, from, or over Israel. Smartwings, a Czech airline, confirmed receiving the directive and stated that while its operations were not currently impacted, it would comply. United Airlines declined to comment. An internal memo seen by Mediapart warned Air France of potential sanctions for non-compliance.

Clara Gandin, a Paris-based anti-discrimination lawyer, suggested that the restrictions could conflict with French employment law, potentially constituting "discriminatory harassment." She argued that basing restrictions on nationality rather than individual assessment violates French Labour Code provisions against discrimination. Gandin noted that while Israel asserts sovereignty over its airspace, this does not exempt airlines from their obligations under national anti-discrimination laws. She suggested Air France could choose not to operate the route, challenge the directive, or face legal consequences, including damages for affected employees and potential criminal charges.

Air law experts, such as Vincent Correia of McGill University, pointed to international civil aviation law, including the Chicago Convention, which recognizes state sovereignty over airspace and allows states to enforce their own regulations on crew entry. However, Gandin maintained that a state's authority to impose entry restrictions does not override an airline's legal obligations under anti-discrimination legislation. The union Alter reportedly persuaded Air France management not to ask flight crew members to self-identify as affected by the circular, deeming it discriminatory.

The implications of Israel's policy could extend beyond Air France, potentially setting a precedent for other states and complicating international airline operations, especially amidst a global pilot shortage.