UPDATE: GOI MASTER PLANS FOR AREA C WEST BANK

C O N F I D E N T I A L SECTION 01 OF 02 TEL AVIV 002610

NOFORN
SIPDIS

NEA/IPA FOR LENTZ, NSC FOR PASCUALE

E.O. 12958: DECL: 11/19/2018
TAGS: KPAL KWBG PA IS
SUBJECT: UPDATE: GOI MASTER PLANS FOR AREA C WEST BANK
PALESTINIAN COMMUNITIES

REF: 20NOV2008 LAPENN-BARON E-MAIL

Classified By: Charge Luis G. Moreno for reasons 1.4 (b) and (d)


1. (C/NF) Oded Hermann, MOD POL-MIL advisor to Amos Gilad,
called EconCouns November 18 with an update on the 14
outstanding master plans being developed/approved for
Palestinian communities in Area C. Hermann reported that
draft plans had been developed for half of these communities,
and are now at various stages of the approval process. The
Civil Administration is still developing the other seven
plans.


2. (C/NF) The following seven plans are at various stages
of the approval process:
-- Khirbat Ta'anach South (Jenin): This approval process is
nearly complete. Hermann anticipates that the master plan
will be finalized by the end of November.
-- Khirbat Um Reihan (Jenin): The comment period for this
plan opened in July. There were (not further specified)
public objections from Israelis, so the plan has been sent
back to the review committee for revision. (NOTE: It is
unclear whether these objections were raised by Israelis in
nearby settlements, or whether they were raised by an Israeli
NGO, BIMKOM, acting on behalf of the Palestinian village
council. END NOTE)
-- Brukin North (Qalqiliya): The public comment period for
this plan opened in August. There were (not further
specified) public objections from Israelis, so the plan has
been sent back to the review committee for revision. (NOTE:
It is unclear whether these objections were raised by
Israelis in nearby settlements, or whether they were raised
by an Israeli NGO, BIMKOM, acting on behalf of the
Palestinian village council. END NOTE)
-- Fazail North (Jericho); Although there are a lot of
illegal structures here, all but the most recent construction
is being grandfathered. The master plan has been published,
and there has been no opposition. However, there was
geographical overlap between this plan and Israeli plans for
nearby communities, which needed to be reconciled. COGAT is
seeking Ministerial (MOD) approval of a revised map, after
which the plan will immediately be approved.
-- Khirbat ash-Shama West (Hebron): The 16-day public comment
period ends at the end of next week; there have been no
objections so far.
-- Khirbat at-Tawani (Hebron): This plan has been approved
but not yet published; it will be published next month.
-- Khirbat at-Tih (Tulqaram): This plan has been approved but
not yet published; it will be published next month.


3. (C/NF) The remaining seven plans are still being
developed by the Civil Administration (no prospective
completion date available):
-- Tarqumiya South (Tarqumiya)
-- Adna East (Hebron)
-- Jabel Harsa (Bethlehem)
-- Ash-Sheikh West (Bethlehem)
-- Hermel (Bethlehem)
-- Zabrat Kabira (Tulqaram)
-- Rashida (Bedouin encampment) (Jericho)


4. (C/NF) Hermann told EconCouns that Israel has a standard
model for its master plans, which includes setting aside room
for growth and space for public buildings (schools, clinics).
He said all of the master plans in question follow the
Israeli model and past experience suggested that opening them
to negotiation with local Palestinian officials during their
initial development would only result in more land being used
for housing rather than for public use. However, Hermann
noted, they do have several opportunities to influence the
plans once the initial draft has been published. Calls for
public comment are published in major newspapers in Arabic as
well as Hebrew, and anyone, Israeli or Palestinian, is
welcome to respond during the two public comment periods.
Beyond this mechanism, it is also possible to file a legal
challenge with the Central Command. As a last resort, if a
party has exhausted these mechanisms and is still
dissatisfied with the results, the master plan can also be
challenged in the High Court of Justice.


5. (C/NF) Herman told EconCouns that Israel had developed 400
village master plans for the West Bank prior to the second
intifida, all of which had been turned over to the
Palestinian Authority. He said that to his knowledge, none
of these plans had been implemented by the PA. When
EconCouns asked if anyone had ever put this issue on the
agenda for the JEC or other appropriate joint committee,
Herman said he did not know, but that this might be a good

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idea.


6. (C/NF) COMMENT: It is unclear to what extent the affected
Palestinian village councils are utilizing the public
comment/hearing mechanisms Hermann described to EconCouns as
the first stage in the discussion process, or whether
objections are first made known once the approval process is
further along. Per ref ConGen-Embassy email, a few of the
village councils are utilizing the services of BIMKOM, an
Israeli NGO, to appeal to the GOI on their behalf. Embassy
will follow up with BIMKOM to get details of the nature and
status of these appeals. END COMMENT.


7. (C/NF) In addition to the above follow-up, Embassy will
report GOI answers to the following questions as they are
received:
-- Do master plans grandfather in all existing structures
(legal or illegal),or could construction that predates a
newly approved master plan be subject to future demolition?
-- What were the specific objections received for Khirbat Um
Reihan and Brukin North, and who raised the objections?
-- When can the remaining seven plans be expected to be
approved or ready for public comment?
Embassy will report these answers septel as they are received.

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