The French Ambassador’s Residence in an Illegal Situation Since 2023

The French newspaper “Le Monde” revisited the Algerian authorities’ decision to cease the “disposal status” of properties used by the French Embassy and its diplomatic annexes in Algeria, following the crisis sparked by the French side, known as the diplomatic bags crisis.

The newspaper stated that the threat Algeria had brandished for months has become a reality and is now being implemented amid the escalating crisis between France and Algeria, following the publication of a letter from French President Emmanuel Macron on August 6, requesting his government, led by François Bayrou, to show “more firmness” towards Algeria.

The newspaper clarified that the Algerian reaction did not stop at ending the real estate privilege for French diplomatic missions in Algeria, but extended to canceling the 2013 bilateral agreement on mutual exemption of entry visas for holders of diplomatic passports. It stated that the Algerian decision goes beyond merely “suspending” the said agreement, as in the French decision.

The newspaper highlighted that Algeria’s response had two dimensions. The first is self-justification: Algeria rejects accusations that it is the cause of the crisis and holds Paris responsible. The second is reciprocity: any French retaliatory measure – especially concerning visas – would necessitate a similar Algerian response. It noted that Algeria is avoiding any verbal deviation at this stage that could hasten a clear rupture.

Nevertheless, the newspaper added, the dialogue of the deaf between the two capitals remains comprehensive and does not portend any way out of the crisis in the short or medium term. The real estate issue, which has resurfaced at Algeria’s initiative, is likely to highlight this.

It added: “Formally, the invitation to Paris to send a delegation to Algeria to begin discussing this issue can be considered an offer of dialogue. However, substantively, conflicting interpretations of texts portend tense exchanges.” It noted that what Algeria considers “free rental” of properties for the benefit of the French diplomatic network is a matter of contention.

“Le Monde” paused at the distinction between two very different situations: the massive real estate complex – offices and residences – belonging to the French Embassy, which spans 14 hectares in the “Beltzer” garden in Hydra, in the heights of Algiers, and Villa “Les Oliviers,” the ambassador’s residence, covering 4 hectares, located in El Biar.

The newspaper claims that the status of French properties in Algeria was settled under Article 19 of the Evian Accords concluded in March 1962. The said article stipulated the preservation of French ownership of “buildings deemed necessary for the normal functioning” of French “services” in Algeria.

It also indicated that in 1963, a bilateral agreement separated the list of these properties that remained under French ownership. This primarily included the “Beltzer” garden on the heights of Hydra, where the embassy and its services were located. The fate of Villa “Les Oliviers” was different, “Le Monde” stated. At the request of Ahmed Ben Bella, then Algerian President, the building was removed from the list of properties covered by the 1963 agreement.

In other words, Paris accepted the transfer of its ownership to Algeria. A temporary lease contract for sixty years was signed, with a symbolic value of one franc. However, it expired in August 2023, without either government being able to renew it, and since then, complete legal ambiguity has prevailed regarding the status of “Villa Les Oliviers.”