وادي مويلح قد يشعل أزمة جديد .. بماذا تتهم الجزائر المغرب؟ | نيوز زووم

Summary

The report examines renewed tensions between Algeria and Morocco over alleged pollution of Wadi Mouilah, a cross-border watercourse that feeds Algeria’s Hammam Boughrara Dam in Tlemcen province. Citing the Algerian newspaper El Khabar, it says Algerian authorities are preparing a legal case based on scientific analyses and technical reports. The allegations concern possible wastewater, industrial discharges, and agricultural runoff from Oujda and nearby areas. The report stresses that responsibility has not been established.

An Algerian account attributed to former Water Resources Minister Mustafa Kamal says the water is clean before crossing into Morocco and polluted when it returns. A Moroccan commentator disputes the accusation, arguing that the valley is intermittent, does not pass near industrial areas around Oujda, and that deliberate contamination would also endanger Moroccan people, crops, and animals. The report also notes Morocco’s claim that wastewater-treatment projects in Oujda began operating in 2010. At the time of the report, Morocco had not issued an official response to the current accusations.

Legal considerations

The legal analysis emphasizes that proving pollution would not, by itself, establish Morocco’s responsibility or allow Algeria to bring the case to the International Court of Justice (ICJ). Algeria would first need to establish a basis for the court’s jurisdiction. It would then need reliable evidence linking the pollution to a source in Morocco, demonstrating resulting damage, and showing a breach of an applicable legal obligation.

Morocco is a party to the 1997 UN Watercourses Convention, but Algeria is not, so the convention alone does not provide a route for litigation between the countries. Other rules of customary international law may still be relevant.

Regional context and possible steps

The report places the dispute in the wider context of shared water resources, drought, and limited coordination. It recalls a separate disagreement over water from the Guir Valley and Morocco’s Kaddousa Dam, which Algeria has said affected flows toward its El Torba Dam. It also notes competing demands for water, including Moroccan agriculture and Algerian drinking-water and industrial needs.

Despite the diplomatic rupture, the legal analysis proposes several practical steps:

• Establish an indirect communication channel.
• Agree on a joint monitoring and sampling program with independent laboratory testing.
• Develop a basin-management protocol for data sharing and incident response.

International bodies could help facilitate these arrangements, the report says, but cannot impose them without a legal basis or the countries’ consent.

International precedents and outlook

The report discusses two international precedents:

• In the 2010 Uruguay River pulp-mills case, the ICJ found a failure to meet notification and cooperation duties but did not conclusively establish the alleged environmental damage.
• In a 2018 case, Costa Rica received compensation from Nicaragua for environmental harm in a border wetland.

The report concludes that any legal action would depend on the source of the damage, the available evidence, and the court’s jurisdiction. It warns that the dispute could either prompt cooperation or deepen the political rift.

Presenters and contributors

• News Zoom presenter: Not identified in the subtitles.
• Mustafa Kamal: Former Algerian Minister of Water Resources, quoted in the report.
• Legal expert: Not identified by name in the subtitles.
• Moroccan commentator: Not identified by name in the subtitles.