BILIN REJECTS GOI PROPOSAL TO REROUTE SEPARATION

C O N F I D E N T I A L JERUSALEM 001240

SIPDIS

NEA FOR FRONT OFFICE; NSC FOR ABRAMS/SINGH/PASCUAL

E.O. 12958: DECL: 07/14/2018
TAGS: PREL PGOV PBTS KWBG IS
SUBJECT: BILIN REJECTS GOI PROPOSAL TO REROUTE SEPARATION
BARRIER

REF: A. 2008 JERUSALEM 185

B. 2007 SECSTATE 129800

C. 2007 JERUSALEM 1905

D. 2007 TEL AVIV 2670

E. 2006 JERUSALEM 4270

F. 2006 TEL AVIV 1084

Classified By: Acting Principal Officer Jessica Lapenn for reasons 1.4
(b) and (d).


1. (C) Summary. Bilin village representatives told Poloff
July 8 and 9 that the GOI's revised plan for the nearby
section of the separation barrier will reconnect 121 dunums
(30 acres) of land to the village, expropriate a further 140
dunums for new construction, and leave over 2,000 dunums (500
acres) of land west of the separation barrier inaccessible
except through restricted agricultural gates. The village
intends to oppose the GOI's proposal and continue legal
proceedings. End summary.


2. (SBU) In September 2007, the HCJ ruled that the path of
the separation barrier near Bilin was not solely based on
security considerations (ref D),but also on plans for future
expansion of the Matityahu East portion of the settlement of
Modiin Illit and was therefore an illegal routing. The court
ordered the GOI and the IDF Military Commander in the West
Bank to "reconsider, within reasonable time, an alternative
to the route of the Security Fence in Bilin's lands that is
less harmful to the residents of Bilin, and leaving to the
extent possible the cultivated areas east of the Fence." The
court instructed the GOI and IDF to present a plan that put
Stage A of Matityahu East on the west side of the new
barrier, and required that "the territories intended for the
future construction of Stage B of the 'Matityahu East'
neighborhood are to be left on the eastern side of the Fence."


3. (C) Michael Sfard, the Israeli attorney representing the
village, told Poloff July 9 that GOI inaction in responding
to the HCJ decision prompted him to file a contempt of court
complaint. As a result, the GOI released a revised plan to
the village on July 7. (Note: The map of the new proposed
barrier route is available on the Consulate General's
classified website at
http://www.state.sgov.gov/p/nea/jerusalem/ind ex.cfm under the
link for Political Reporting Attachments. End note.) The
portion proposed to be reconnected to the village comprises
121 dunums of land (approximately 30 acres),but would
require the expropriation of 140 dunums of cultivated land
(approximately 35 acres) for barrier construction, resulting
in a net loss of usable land for the village. Sfard said
that by essentially ignoring the court's instructions, the
GOI had actually given the petitioner's case a tactical
boost. Sfard said he intends to file another contempt motion
soon, although "it's a stretch to ask for a contempt order.
It's just a question of how furious (the Chief Justice) is."
If the contempt motion is not successful, Sfard plans to file
a new HCJ petition to object to the plan.


4. (C) Abdullah Abu Rahma, Coordinator of the Bilin Popular
Committee, told Poloff July 8 that the proposed plan is
"unacceptable." He estimated the HCJ decision would have
required the GOI to reconnect approximately 1,100 dunums of
land out of a total of 2,300 dunums historically belonging to
the village. Instead, the proposed route will reconnect only
121 dunums of land. Abu Rahma noted that the village would
take immediate legal action and intends to contact media
outlets to publicize their objections.

LAPENN