In a television interview, President Abdelmadjid Tebboune accused France of perpetrating genocide during the colonial period and questioned the importance of the 1968 Franco-Algerian agreement, calling it “empty shell.” In response, Xavier Driencourt, former French ambassador to Algeria from 2008 to 2012 and from 2017 to 2020, indicated, in an interview with Current Valueswhich “if we renounce the 1968 agreement, Algeria loses the goose that lays the golden eggs”.
The 1968 agreement was signed to define the conditions of movement, stay and work of Algerians in France, and it follows the Evian agreements of 1962. The latter provided for free movement between the two nations, in part because it was then thought that the pieds-noirs would remain in Algeria. However, the reality was quite different, and the pieds-noirs were forced to leave the country, thus creating a legal vacuum on the migration issue.
Mr. Driencourt emphasizes that, in the context of the time, “France needed labor, particularly for its industries, and sought to facilitate the entry of Algerian workers. The 1968 agreement thus established a legal framework allowing Algerians to move freely between the two countries, to settle temporarily in France and to return to Algeria.
Mr. Driencourt insists on the fact that the current context has fundamentally changed compared to that of 1968. The question of immigration has become central in the public debate in France, and perceptions of immigration have evolved. Immigration laws have multiplied since then, but the specificity of the 1968 agreement creates a «angle mort» in the French legislative system, because it takes precedence over national laws, he noted. Faced with these challenges, Mr. Driencourt suggests that France consider unilaterally denouncing the 1968 agreement if no renegotiation is forthcoming. He claims that this gesture could serve as a means of pressure to encourage the Algerian government to adopt a more proactive approach regarding visas and the return of Obligations to Leave French Territory (OQTF).
In 2021, INSEE (French statistical establishment) recorded nearly 887,100 Algerian nationals in France, making Algerians the largest foreign community in the country. Their migratory status is governed by the 1968 agreement, which, since its adoption, has allowed this population to benefit from more favorable entry and stay conditions compared to other nationalities. This system, set up at the initiative of France, aimed to respond to the growing demand for labor during years of strong economic growth.
As part of the immigration bill tabled in February 2023 by ministers Gérald Darmanin and Olivier Dussopt, it was specified that Algerian nationals would not be affected by its provisions. This exclusion raises questions, particularly in the context where Algerians represent a significant proportion of foreigners entering France by family reunification or tourist visa.
The rules established by the 1968 agreement, which give precedence to the law of international treaties over national laws, guarantee Algerians privileged access to French territory, allowing them in particular to obtain residence certificates more easily than nationals of other countries. Administrative jurisprudence has confirmed that the provisions of the agreement exclusively govern the conditions of stay and work of Algerians in France.
This situation, according to a study by Mr. Driencourt, creates an anomaly in the French legal system, where a significant part of the immigrant population escapes recent immigration legislation. French authorities could face political challenges if they fail to control migratory flows, particularly with regard to Maghreb countries.
Furthermore, the visa, a central element in the Algerian migratory dynamic, is seen as a symbol of hope and rights, inherited from years of colonization. Obtaining it is crucial for Algerians, who see it as a way to escape a difficult economic situation. As a result, the Algerian government vigorously defends the provisions of the 1968 agreement, which continue to shape migration relations between France and Algeria.
