NEW SETTLEMENT CONSTRUCTION CONTINUES AT NOF

C O N F I D E N T I A L SECTION 01 OF 02 TEL AVIV 000511

SIPDIS

NEA FOR BURNS/SATTERFIELD
NSC FOR ABRAMS/DANIN

E.O. 12958: DECL: 01/28/2015
TAGS: PREL KPAL KWBG IS SETTLEMENTS ISRAELI PALESTINIAN AFFAIRS
SUBJECT: NEW SETTLEMENT CONSTRUCTION CONTINUES AT NOF
HASHARON

REF: TEL AVIV 06649

Classified By: Ambassador Daniel C. Kurtzer for reasons 1.4 (b) and (d
).


1. (C) Summary: Israel is permitting construction to
continue at the new northern West Bank settlement of Nof
HaSharon (reftel). Residents of Nirit, an adjacent Israeli
town west of the Green Line that opposes the establishment of
the new settlement, and the private contractor developing the
site are awaiting the Israeli High Court of Justice's
decision on whether the construction of the new settlement
violates Israel's commitment to the U.S. not to build new
settlements or construct new neighborhoods outside the
construction line of existing settlements. The High Court is
expected to rule on Nirit's petition to stop construction of
the new settlement on February 13. End Summary.

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Construction Moving Full-Speed Ahead
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2. (C) On January 25, Econoffs visited the Israeli community
of Nirit, located inside Israel and adjacent to the soon
to-be-built new West Bank settlement of Nof HaSharon.
Econoffs observed at least 10 bulldozers and
other earthmoving equipment grading and terracing the area
where 52 new villas are to be constructed. The secretary
general of Nirit, Dror Ginatt, told Econoffs that since Nirit
filed its petition to the court, the contractor has increased
the pace of development. Ginatt said that the contractor
also erected a fence around the construction site because
they
fear publicity surrounding the new settlement will attract
journalists and others whose presence could disrupt the
project.


3. (C) From the roof of a home in Nirit, Ginatt pointed out
the parent settlement of Alfe Menashe located some three
kilometers northeast of Nof Hasharon across two sections of
the security barrier. Ginatt said that Nof Hasharon would
politically be part of Alfe Menashe but in terms of
infrastructure and civil services would be fully dependent on
Nirit. Ginatt showed econoffs a map that Alfe Menashe's
local council provided Nirit. The map shows proposed new
roads and new neighborhoods between Nirit and Alfe Menashe
that could someday connect Nirit, Nof HaSharon, and Alfe
Menashe, but doing so would at the same time enclose the West
Bank Palestinian village of Habla.

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Nirit Residents Pessimistic About Court Decision
-------------- ---


4. (C) Nirit's local council members are pessimistic about
the February 13 court decision because the GOI has indicated
its support for the new community. Attorney and Nirit's
representative to the local council, Leah Porah, said that in
matters related to settlements, the court often defers to the
government. In the case of Nirit versus Nof HaSharon, the
GOI has stated that the commitments it made to the U.S. do
not apply to projects approved prior to the Roadmap and,
furthermore, that these commitments lack legal standing.
(Comment: Historically, the Israeli High Court of Justice
has deferred to the government on questions about the
legality of settlements.
The court has avoided taking a stand on the legality of
settlements by ruling that the authorization of such sites is
often a political decision versus a legal decision. In the
case of outposts, the court has ruled in favor of every GOI
petition to remove an "unauthorized" outpost. End comment.)

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Nirit Looking to the U.S. for Assistance
--------------


5. (C) Nirit's local leaders were more hopeful that U.S.
objections to the new settlement would halt its construction.
Nirit's leaders indicated that they had approached people in
the Prime Minister's office in the hopes that the new
settlement's construction was not authorized by the
government, but were reportedly told that Nof HaSharon would
be allowed to be built. Econoff asked the council members
why they would spend the money to object to Nof HaSharon,
when many in Israel would say that due to its small size,
proximity to the Green Line, and location behind the security
barrier, it is likely to remain part of Israel under any
future agreement. The council members provided a variety of
responses, from the bureaucratic problems of being connected
to a settlement that is governed by different laws (the West
Bank is governed by a mixture of Ottoman, British, Jordanian,
Palestinian and Israeli law),to ideological opposition to
being connected to a settlement, to prejudging the final
borders of Israel. The council said that they would be
willing to accept the new neighborhood if the GOI annexed the
territory or at least provided Nirit with the funds and
bureaucratic answers to its unique situation, but the council
objects to what it views as the government's and
the settlers' attempts to establish the new settlement before
working out the outstanding issues.

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GOI To Raise Issue With U.S. Officials Next Week
-------------- ---


6. (C) Assistant Secretary William Burns raised the issue of
Nof HaSharon with the Prime Minister Sharon and his advisor
Dov Weissglas. (see septel)

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