ALFE MENASHE SETTLEMENT EXPANDING TO THE GREEN LINE

C O N F I D E N T I A L SECTION 01 OF 02 TEL AVIV 006649

SIPDIS

E.O. 12958: DECL: 12/30/2014
TAGS: PREL PGOV KWBG IS SETTLEMENTS ISRAELI PALESTINIAN AFFAIRS
SUBJECT: ALFE MENASHE SETTLEMENT EXPANDING TO THE GREEN LINE


Classified By: Political Counselor Norm Olsen for reasons 1.4 (b) and (
d).


1. (C) Summary. Amira Bahat, council member of the Israeli
town of Nirit, which abuts the Green Line, told Embassy
economic officer on December 22 that the Alfe Menashe
settlement will eventually spread to the Green Line with the
construction of over 1,200 new housing units on the West Bank
land between the settlement and the Green Line. She
explained that advertising for a new neighborhood of Alfe
Menashe, called Nof Hasharon, began in 1999. According to
Bahat, private developers bought the land and signed an
agreement with Nirit for the development to be connected to
Nirit's infrastructure, but the developers lost interest with
the start of the Intifada and never fulfilled their part of
the agreement. In late 2003, they came back to renegotiate
with Nirit, but the town's residents in 2004 voted against
being connected to Nof Hasharon and have petitioned the High
Court to stop construction because, she said, Israel made
commitments to the U.S. to stop settlement activity and
because they "do not want to be annexed into a settlement."
Bahat contended that, in addition to Nof Hasharon, there are
plans for two more housing developments near the new
neighborhood for another 1,200 housing units and that the
separation barrier will eventually be moved further into the
West Bank so these areas will be on the west side of the
seamline and therefore "in Israel." GOI officials from the
Ministries of Defense, Housing and Construction, and Justice
told econoff that Nof Hasharon is a private development and
the only GOI involvement was approvals given by zoning
authorities many years ago. End summary.

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How Did We Get Here?
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2. (C) Amira Bahat, council member of the town of Nirit,
west of the Green Line, told Embassy economic officer on
December 22 that in late 1999, Nirit's residents woke up one
morning to find a placard advertising a new housing
development next to their community called "Nirit North."
This new development, now referred to as Nof Hasharon, is
next to Nirit -- on the east side of the Green Line, but west
of the separation barrier. According to Bahat, upon
investigating why "Nirit North" was being established without
their knowledge, Nirit's residents discovered that the
development was actually an extension of Alfe Menashe, a West
Bank settlement almost three kilometers beyond the Green
Line. Nirit petitioned the High Court to stop construction,
but by February 2000, the residents decided they could not
win because "the construction was happening without rules and
regulations" since the Ministry of Defense (MOD) "authorizes
what happens in the territories."


3. (C) Nirit's residents eventually gave up their case and
signed an agreement with Attorney Moshe Glick, who represents
the land developers, which stated that the planned 42 houses
of the development would be able to use Nirit's
infrastructure -- roads, electricity, sewage, schools -- in
exchange for a lump sum of $25,000 and payments of monthly
property taxes. (Note: Bahat said that among the developers
Glick represents are Benny Katzover and Benzi Lieberman,
senior members of the YESHA council. End note). Nof
Hasharon's residents, however, would pay their taxes to Alfe
Menashe which would then pass the funds to Nirit. Bahat
explained that, the agreement notwithstanding, the developers
never paid Nirit any money and that construction stopped at
the start of the Intifada because the developers "lost
interest."


4. (C) Bahat related that once construction of the
separation barrier started in their area in late 2003, the
developers came back to Nirit to try to renegotiate the
agreement. At this point, the plans for the development had
grown to 52 houses. The negotiations continued through
August 2004, but that month 70 percent of Nirit's residents
voted twice against being linked to Nof Hasharon despite the
fact that, as Bahat explained, "we need the money." The
other 30 percent of the residents allegedly voted in favor
because they thought they could not win and the development
would move forward regardless. One week after the second
vote, she concluded, construction restarted.


5. (C) Bahat continued that Nirit's residents again
petitioned the High Court o/a November 7 to stop construction
of Nof Hasharon because, she said, Israel made commitments to
the U.S. to stop settlement activity. She also said Nirit's
residents "do not want to be annexed into a settlement."
Bahat reported, however, that the GOI's response was that
this development was approved five years ago, so Israel-U.S.
commitments do not apply. Nirit residents are currently
waiting for the High Court's decision while construction
continues.

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Seeking Other Help
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6. (C) Bahat stated that members of Nirit's council recently
went to the Interior Committee of the Knesset with Labor MK
Amram Mitzna to get the project stopped. Some of the MKs
reportedly agreed that this "was not a normal thing," and one
MK allegedly said, "Believe me, we think like you but we
cannot help you. If you want help, go to the U.S."

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What Happens Next?
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7. (C) In response to econoff's question, Bahat replied that
Nirit's residents sought the advice of Gabriela Shalev, a law
professor, who told them that the original agreement was
voided because the developers never paid Nirit's residents
what they owed. Bahat said this was irrelevant, however,
because Nirit has already "received orders from the army" to
open up its fence, which runs along the Green Line, so Nof
Hasharon's residents can use Nirit's roads.

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But it's Only the Beginning
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8. (C) With respect to the West Bank land between Nof
Hasharon and Alfe Menashe, Bahat reported that apparently
Jews bought it from Arabs over 70 years ago, but she opined
that it should go to "Palestine." She added that there will
be more construction there and gave econoff a map which shows
a housing development planned for West Bank land between Nof
Hasharon and the separation barrier called "Admot Hayehudim,"
or "Land of the Jews." Bahat continued that Ilan Niv,
chairman of Nirit's council, went to meet with Alfe Menashe's
leaders several days ago and he reportedly saw a map with
another planned development on West Bank land south of Admot
Hayehudim called "Ilanit." Bahat concluded that, because of
these two new developments, Nirit will eventually be flanked
by 1,200 housing units on its east side.


9. (C) Bahat explained that, based on the snake-like pattern
of the separation barrier in this area, Nof Hasharon's
residents would have to cross two fences to get to Alfe
Menashe. She opined, however, that the separation barrier
will eventually be moved to run along Alfe Menashe's east
side so these new houses "will be in Israel." (Note: Such a
change in the route of the separation barrier would leave the
new houses on West Bank land, albeit west of the barrier.
End note). Bahat said that the developers in fact originally
advertised the land as being located in Israel rather than
east of the Green Line -- although they have not done so
since the case went to the High Court -- and this may be the
case in the long run.

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GOI Says it's a Private Matter
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10. (C) Grisha Yaakobovich, who replaced Oded Herman in
COGAT at the Ministry of Defense (MOD),told econoff that he
did not know anything about this case other than it is being
discussed in the High Court. He said that since it is a
private development, he did not have any other details.
Chaim Fialkoff, acting director general at the Ministry of
Housing and Construction (MOHC),said he also had few details
because the land was bought by private developers and the
only government involvement was for the Civil Administration
to give permits years ago. He explained that the MOHC has
not provided subsidies or any infrastructure -- which is why
the settlement is connecting to the infrastructure of Nof
Hasharon -- nor is it overseeing any of the construction. In
response to econoff's question, Fialkoff confirmed that the
West Bank land between Alfe Menashe and Nof Hasharon is also
privately owned. Mike Blass, Deputy Attorney General at the
Ministry of Justice (MOJ),repeated the fact that the land
was privately acquired long ago with approval from the zoning
authorities.

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