Air France has confirmed it will comply with new Israeli restrictions that ban nationals from 31 Muslim-majority countries from flying to or over Israel. This controversial policy has raised concerns that it may expose the airline to discrimination lawsuits.
The restrictions, reported by various media outlets, prohibit nationals from countries such as Algeria, Tunisia, Iran, Oman, Saudi Arabia, Pakistan, and Niger from entering Israeli airspace. Air France stated, “Like all airlines, we must adhere to the entry regulations set by the countries we serve.”
On October 1, Israel’s Ministry of Transport informed foreign airlines that pilots and cabin crew on flights into Israeli airspace cannot be from countries without diplomatic relations with Israel. This directive followed an attempted hijack of a Flydubai flight from Dubai to Tel Aviv on September 30, involving an Omani co-pilot who attacked the Indian pilot and was subsequently hospitalised.
Air France said it has informed affected staff of the new regulations. This directive may impact numerous airlines operating in the region. Al Jazeera sought comments from the Israeli Transport Ministry and 15 major airlines but had not received responses.
Czech airline Smartwings confirmed it had received the Israeli directive but stated it currently does not affect operations. United Airlines provided no indication of whether it had received or acted on the directive.
An internal memo to Air France staff warned that non-compliance might lead to sanctions against the airline or individuals involved, although Al Jazeera could not independently verify its content.
Paris-based anti-discrimination lawyer Clara Gandin expressed concerns that the restrictions conflict with French employment law, arguing they imply that nationals of the banned countries pose a security threat. She asserted that removing employees from flights based on nationality could constitute direct discrimination, even without loss of pay.
Gandin clarified that the French Labour Code prohibits any discriminatory actions based on nationality, stating, “Nationality is not an occupational requirement for flying an aircraft.” She argued that Air France’s compliance seems driven by economic interests rather than legal obligations.
While analysts highlight the state’s authority to regulate airspace under international law, Gandin maintained that this should not exempt airlines from adhering to anti-discrimination laws. She suggested that Air France could seek to dispute the directive or choose not to operate under those conditions.
There are potential legal risks for Air France, including claims for damages and possible criminal charges related to discrimination. Further concerns arise over data protection laws regarding information that may reveal employees’ ethnic backgrounds.
Air France initially contemplated asking affected employees to self-identify, but the union representing flight crews successfully argued that such a request would be discriminatory.
The wider impact of Israel’s policy on other airlines remains uncertain, but experts warn it could set a troubling precedent for nationality-based screening and complicate flight operations amid ongoing pilot shortages.
