Tebboune’s former chief of staff refused entry at Orly Paris Airport
According to journalist Mohamed Sifaoui, Abdelaziz Khellaf, former chief of staff to Abdelmadjid Tebboune, ex-minister and former ambassador, and holder of a diplomatic passport and therefore theoretically exempt from the short-stay visa requirement, was turned back on arrival in France for lack of the required documents, notably an insurance certificate and a certificate of accommodation. Mr. Khellaf, accompanied by his son, spent the night at the Ibis hotel at Orly airport, and took a direct flight back to Algiers the following morning. At the time of going to press, no official confirmation had been provided by the French or Algerian authorities.
Abdelaziz Khellaf, Abdelmadjid Tebboune’s cabinet director in 2021 and former collaborator of Belaïd Abdeslam, was Secretary General of the Ministry of Industry and Energy between 1977 and 1980, Minister of Trade from 1980 to 1986, then Minister of Finance from 1986 to 1988, Ambassador to Tunisia between 1988 and 1989 before taking up the post of Minister of State for Maghreb Affairs from 1989 to 1991, and Secretary General of the Presidency between 1991 and 1992. He was refused entry at Orly Paris Airport earlier this week.
As a holder of a diplomatic passport, which confers privileges not enjoyed by other Algerian citizens, Mr. Khellaf appeared to be eligible for a short-stay visa exemption. His deportation raises questions about the actual conditions of access to French territory for holders of diplomatic passports, especially when they are not traveling on official business. To better understand the situation, we need to look at the 2007 Franco-Algerian agreement and the Schengen regulations governing these “theoretically” facilitated trips.
What does the 2007 agreement on Schengen visa exemption for Algerian diplomatic passports say?
The treaty on reciprocal visa exemption for diplomatic passports, signed by Mourad MEDELCI and Bernard KOUCHNER on July 10, 2007 in Algiers, abrogated by the agreement signed by RAMTANE LAMAMRA and Manuel VALLS on December 16, 2013 in Algiers, stipulates that holders remain subject to the laws and regulations in force in each country, in particular the obligation to present proof of the purpose of the stay, means of subsistence and coverage of any return expenses (Regulation 562/2006 of March 15, 2006 – Schengen Borders Code). In France, the Code de l’entrée et du séjour des étrangers et du droit d’asile (Livre III, Titre I, Article L310-1) requires the presentation of an attestation d’accueil validated by the administrative authority (Articles L313-1 to L313-8) for any stay of less than three months for a private or family visit.
The agreement of July 10, 2007, repealed by the agreement of December 16, 2013, has been replaced by a more precise text which, while clarifying the duration and conditions of stay, extends the visa waiver to service passports and expressly stipulates that it applies to holders traveling on mission as well as privately. On the other hand, neither agreement excludes the need to comply with current legislation, particularly in terms of travel insurance and accommodation. In addition, both agreements specify that diplomats posted in the other state remain subject to other procedures and specific visas.
A Diplomatic Courtesy Is Not An Obligation To Comply With A Military Order
It is also important to remember that, in accordance with the Schengen Borders Code (Regulation 562/2006), and more specifically its Annex VII, holders of diplomatic passports can benefit from certain facilities only if they are traveling “in the exercise of their functions” or if they are accredited to a diplomatic mission or international organization. In such cases, they may, for example, be given priority at border checks and not have to prove their means of subsistence. However, the 2007 Agreement and Annex VII do not exempt such travellers from complying with other entry requirements when they are not travelling in an official capacity, enjoying the privileges of a diplomatic passport but not on official business. Thus, a diplomatic passport holder traveling in a private capacity, or not accredited to a representation, remains subject to the basic rules: he or she must be able to justify the purpose of his or her stay, provide proof of accommodation (whether in the form of an attestation of welcome or a hotel reservation), and present valid travel insurance covering any health and repatriation expenses. In addition, the Member State remains sovereign in its assessment of the situation and may, under Annex VII, request consultation with the competent authorities before refusing entry to a diplomatic passport holder. In other words, while holding an Algerian diplomatic passport confers a short-stay visa waiver under the 2007 Franco-Algerian agreement, it does not automatically exempt the holder from all entry formalities, particularly when he or she is not traveling on a duly recognized official mission. Nor does it constitute an unconditional right to enter France, a nuance that the military regime in Algiers seems to ignore, confusing simple diplomatic courtesy with the obligation to comply with a military order.
Having a Diplomatic Passport Does Not Mean Being a Diplomat In Position
It should be pointed out that the 2007 agreement does not confer diplomatic status in France. It simply grants travel facilities to holders of Algerian diplomatic passports, who are generally members of the system’s nomenklatura (notably generals, magistrates, their spouses and children). The agreement stipulates that diplomats officially assigned to a diplomatic mission, consular post or international organization on the territory of the other state (in France for Algerians, and in Algeria for French nationals), as well as their family members holding diplomatic passports, must still obtain a visa as part of the accreditation procedures in force. Those benefiting from this exemption are therefore holders of diplomatic passports, and are not required to obtain a short-stay visa for Schengen territory. In Algeria, this is a considerable privilege, reserved for a restricted circle, including Abdelaziz Khellaf.
An Unprecedented Diplomatic Crisis
The precise reasons for the expulsion are set against a backdrop of unprecedented diplomatic crisis between Paris and Algiers, aggravated by Emmanuel Macron’s recognition of Moroccan sovereignty over the Sahara. Since this recognition, Algeria has been waging a “hybrid war” via Internet influencers calling for violence and apology for terrorism in France. The matter came to a head with the case of “BoualemN”, an Algerian national whose French residence permit was revoked after he explicitly called for the torture of activist Mohamed Tadjadit. Sent back by the French authorities, he was refused by Algiers, forcing the French police to leave with him – an unprecedented move for a state that refuses to take back its own citizen. The military regime in Algiers, which triggered this conflict via its intermediaries linking Algerian power to the (mainly undocumented) communities in France, notably Mehdi Ghezzar, Chems Eddine Hafiz and “Jamel TourEiffel,” nephew of General Abdelkader Haddad, head of Algerian domestic intelligence, has already suffered a number of setbacks, most notably in the Grande Mosquée de Paris affair, and with the French domestic intelligence services placing these agents of influence in Algiers’ service under surveillance.
The end of Algerian nomenklatura privileges in France
Since the start of the Algerian military regime’s hybrid war, French parliamentarians and media have repeatedly denounced the privileges enjoyed by the Algerian nomenklatura. In particular, they point the finger at access to “free” medical care, leaving a bill of several hundred million euros to be paid by the French taxpayer, while at the same time making hostile speeches about France. Examples include former Health Minister Mokhtar Hasbellaoui, whose wife allegedly gave birth in France in order to secure French nationality for their daughter, and current Information Minister Mohammed Meziane, whose son is studying at a Paris university free of charge.
In this volatile climate, the refoulement of Abdelaziz Khellaf is seen as a retaliatory measure by the French authorities, signifying the end of the impunity once enjoyed by the Algerian nomenklatura. On social networks, some welcomed this “end of privileges”, while others doubted the usefulness of such a measure. When contacted, Abdelaziz Khellaf did not respond to our requests. As for Mohamed Sifaoui, he says he is closely following developments.
Abderrahmane Fares
