استغلال منجم اجبيلات..خرق للقانون الدولي
1706 مشاهدة
شروع النظام العسكري الجزائري في استغلال الحديد بغار اجبيلات يسائل الجانب القانوني لهذا الإخلال بالمعاهدات الدولية في ظل سريان اتفاق الاستغلال المشترك مع المملكة المغربية منذ 1972 والذي تسري مدته ل60 عاما،ومايؤكد ذلك الوثيقة التي نشرتها الجريدة الرسمية الجزائرية قبل خمسين سنة مرفوقة بأمر يحمل توقيع الراحل هواري بومدين،وتحمل رقم 73-21 بتاريخ 17ماي1973 والتي نشرت بالجريدة الرسمية الجزائرية عدد 48،السنة العاشرة في 15 يونيو 1973والتي تنص على تأسيس شركة جزائرية مغربية لاستثمار منجم غار اجبيلات،ويشار إليها باسم » الشركة الجزائرية المغربية »ش.ج.م.
إنها اتفاقية دولية تحمل إسم » المعاهدة الجزائرية المغربية المتعلقة بخط الحدود القائمة بين الدولة المغربية والدولة الجزائرية،ويشير الاتفاق إلى أن احتساب موعد الاستغلال المشترك ينطلق من تاريخ البدء الفعلي في العملية، وينص الاتفاق أيضا على أنه عند انتهاء مهمة الشركة تتشاور الدولتان من أجل التوصل لاتفاق مشترك من أجل تحديد الصيغة التي تعطى لتعاونهما من بعد في هذا الميدان،وجاء في الاتفاقية أيضا أن الشركة يجب أن يكون لها مقر في الجزائر وآخر في المغرب وأن تكون الأسهم بنسبة 50 بالمئة بين الطرفين،علما أن هذا المنجم يوجد في أراضي الصحراء الشرقية التي تضم ولايات تندوف وبشار وأدرار،وهي أجزاء من تراب المملكة المغربية التي ضمتها فرنسا غصبا وقسرا إلى الجزائر كما تؤكد ذلك الوثائق التاريخية،كما أن هناك وثائق تؤكد بأن الحكومة الجزائرية المؤقتة آنذاك ستقوم بإرجاع الأراضي التي ضمتها فرنسا للجزائر فور خروج الاستعمار الفرنسي.
إن القضاء الدولي مطالب بالبث في هذا الخرق السافر للقانون الدولي،انطلاقا من المادة17من الاتفاقية حيث جاء فيها »…ففي حال وقع نزاع بين الطرفين بخصوص تأويلها أو تطبيقها وفقا لمعاهدة إفران( أي اتفاق ترسيم الحدود) يتم رفع النزاع إلى محكمة العدل الدولية للبث فيه » وهو فصل أساسي في صلب معاهدة 1972.
والقانون الدولي واضح بالنسبة لتحلل النظام العسكري الجزائري من هذا الاتفاق،لأن المبدأ هو أنه لايجوز لدولة أن تتحلل بإرادة منفردة من المعاهدات التي ترتبط بها،وقد تأكد هذا المبدأ في تصريح لندن سنة 1871الصادر بمناسبة تحلل روسيا من التزاماتها المقررة في اتفاقية باريس لسنة 1856المتعلقة بحياد البحر الأسود.
والقانون الدولي يؤكد طبقا للمادة 60 من اتفاقية فيينا،أنه إذا أخل أحد أو بعض أطراف معاهدة ما بالالتزامات الناشئة عنها أو خالف أحكامها،فإن من حق الطرف الآخر أو الأطراف الأخرى أن يفسخوا المعاهدة أويوقفوا العمل بها،مما من شأنه إبطال كل الاتفاقيات السابقة.
إن النظام العسكري الجزائري بهذا الفعل اللامسؤول والذي يخالف المعاهدات والقوانين الدولية،يريد جر المنطقة إلى مستنقع التصعيد،بل إنه أصبح في مواجهة مباشرة مع القانون الدولي،ويرتكب أخطاء استراتيجية على المستوى الإقليمي والدولي حيث فقد البوصلة وبات يلعب بالنار و عليه أن يتحمل مسؤولية أخطائه…
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