Algeria seeks draft law to ‘criminalise’ French colonialism

Algeria’s parliament has officially relaunched the process to draft a law that would criminalise French colonialism, amid a growing diplomatic crisis with Paris. 

On 23 March, Brahim Boughali, the President of the People’s National Assembly (APN), Algeria’s lower house of parliament, announced the formation of a commission tasked with drafting the long-awaited bill. 

“We cannot allow the truth to be ignored: the criminalisation of colonialism is not an option, but a national and moral duty towards our martyrs and our history,” Boughali declared.

The commission, which includes representatives from various parliamentary blocs and permanent committees, is now tasked with translating the country’s collective memory of colonial injustices into legal text—a symbolic gesture to honour Algeria’s resistance against the 132-year-long colonisation.

The proposed legislation seeks to address some of the darkest chapters in Algeria’s history. 

Among the atrocities listed are the torture and death of Ali Boumendjel, a prominent lawyer, which France only acknowledged in 2021. 

Boumendjel’s death, once falsely labelled a suicide by colonial authorities, was revealed by French President Emmanuel Macron to have been the result of torture. 

However, Boumendjel’s torture is only one of many instances of brutality during the French colonisation. 

The APN’s list is extensive: the smoke killings (enfumades) of Dahra in 1845, where hundreds of Algerians were burned alive in caves; the brutal massacres of 8 May 1945, which left more than 45,000 dead; the use of biological weapons in Laghouat in 1852; and nuclear tests in Algeria’s southern desert that left entire communities exposed to radiation.

This isn’t the first attempt to pass such a bill. 

The first push came in 2005, following a French law that celebrated the “positive role” of colonisation. However, that draft never made it to law. 

Now, with Algeria and France mired in one of their most severe diplomatic crises, the anti-colonisation law is back on the table.

For years, both countries swung between periods of rapprochement and recrimination, only to see tensions rise again. 

The latest breakdown occurred in the summer of 2024 when Paris recognised Morocco’s sovereignty over the disputed Western Sahara, a decision that struck a nerve in Algiers, which backs the separatist Polisario Front in the territory.

In retaliation, Algeria recalled its ambassador and cancelled President Abdelmadjid Tebboune’s scheduled visit to France.

Further tensions have been fuelled by disputes over deportation agreements and the arrest of French-Algerian author Boualem Sansal in Algeria. 

In the eight months since, both sides have exchanged hostile rhetoric, but no concrete decisions have yet emerged from the stand-off.

The proposed bill, once finalised, will be presented to the legal affairs committee in parliament before being passed to the government for approval. 

If enacted, the law would represent a formal recognition of the crimes committed during the colonial period and could force France to take responsibility for its actions, potentially including reparations for the victims.

Meanwhile, the committee drafting the law has not indicated any potential sanctions on France should the bill pass.

Despite the ongoing diplomatic tensions, the two countries continue to maintain crucial trade ties, although weakening, particularly after Algeria excluded French companies from a wheat import tender.

Over the weekend, President Tebboune showed for the first time since last July openness to resolving the crisis with French President Macron, signalling a willingness to engage in dialogue as he acknowledged “moments of misunderstanding” with Macron. 

“However, he remains the President of the French Republic. Personally, all issues must be resolved with him or with someone he rightfully delegates—in this case, the Foreign Minister,” he said.

Yet, the potential for a rapprochement is complicated by the influence of conservative figures within Macron’s government. 

Figures such as Interior Minister Bruno Retailleau have been pivotal in escalating tensions, pushing a hardline stance that contrasts with Macron’s desire to re-establish dialogue.