EUROPEANS PRESSURE UNRWA NOT TO PROVIDE REHOUSING

C O N F I D E N T I A L AMMAN 004470

SIPDIS

SENSITIVE

DEPT FOR NEA AND PRM FRONT OFFICES
NSC FOR ABRAMS/DANIN/KIFAYAT

E.O. 12958: DECL: 06/02/2014
TAGS: PREF PREL PHUM EAID KPAL KWBG IS JO UNRWA
SUBJECT: EUROPEANS PRESSURE UNRWA NOT TO PROVIDE REHOUSING
IN RAFAH

REF: JERUSALEM 1662

Classified By: DCM David Hale, per 1.5 (b) and (d).


1. (SBU) UNRWA's May 31 launch of a new USD 15.8 million
supplementary appeal for Rafah was dominated by discussion of
Israel's obligations under international humanitarian law.
According to UNRWA External Relations Director Andrew
Whitley, the European Commission and "seven or eight European
countries" strongly urged UNRWA not to provide rehousing
assistance in Rafah, arguing that Israel should provide
compensation for the housing units demolished and destroyed
over the last year. The Europeans cited as a legal precedent
the Israeli Government's decision to pay compensation to the
World Food Program (WFP) after the IDF destroyed a WFP
warehouse in Gaza in 2003 and urged UNRWA to pursue similar
claims. (Comment: There does not appear to be an exact
parallel between compensation given to the UN for the bombing
of clearly identified UN property and compensation for
destruction/damages of refugee shelters, as neither the UN
nor individual refugees possess clear title to refugee
shelters. Moreover, the GOI was careful not to characterize
its reimbursement for the WFP damage as "compensation,"
referring to it instead as a "humanitarian gesture."
Finally, the GOI did not provide cash but offered an in-kind
donation of vegetable oil valued at USD 77,000 while damages
were estimated at USD 199,000.)


2. (SBU) While UNRWA lawyers are examining the possibility
of legal claims against the Israeli government for damages
incurred to infrastructure and refugee housing in Gaza,
Whitley said that UNRWA's position, as articulated by ComGen
Peter Hansen, is that legal issues should not prevent UNRWA
from providing urgent humanitarian assistance where needed,
including housing repair and reconstruction. Should UNRWA
determine that international humanitarian law has been
violated in recent Gaza incursions, it can then pursue
compensation claims with the GOI after refugees' immediate
needs have been met. UNRWA will therefore continue with its
plans to provide urgent humanitarian assistance to those
refugees displaced by recent incursions and, funds
permitting, build new permanent housing for the 21,142 people
who have lost their homes over the last year. UNRWA
estimates current Gaza rehousing needs at USD 38.5 million
but has been unable to implement new housing programs due to
severe underfunding of its current emergency appeal.


3. (C) Comment: The concerted European call for UNRWA to
withhold reconstruction and rehousing assistance in Rafah
follows a heated May 24 HEPG meeting in which European
donors, led by EU President Ireland, argued that Israel has
violated international humanitarian law in recent Gaza
incursions and should be held accountable for its actions
(ref). The Europeans will likely advocate the same position
at the June 4 LACC meeting. We agree with UNRWA that future
potential legal claims should not preclude UNRWA and the
international community from providing urgent humanitarian
assistance where needed.


4. (U) ConGen Jerusalem cleared this message.
GNEHM