LEGAL CHALLENGE ADDS DELAYS TO NAHR AL-BARID

C O N F I D E N T I A L SECTION 01 OF 02 BEIRUT 000967 SIPDIS DEPT FOR NEA/FO, NEA/ELA ALSO FOR PRM/FO, PRM/ANE FOR BROOKS-RUBIN/RAMGOOLIE IO A/S EBRIMMER P FOR AWELLS/RWALLER DRL/NESA FOR JBARGHOUT USUN FOR AWOLFF/EGERMAIN/ASCHEDLBAUER NSC FOR DSHAPIRO/MMCDERMOTT DOD/OSD FOR FLOURNOY/KAHL/DALTON JERUSALEM FOR REFCOORD E.O. 12958: DECL: 08/26/2019 TAGS: PREF PGOV KPAL UN LE SUBJECT: LEGAL CHALLENGE ADDS DELAYS TO NAHR AL-BARID RECONSTRUCTION Classified By: Classified by Ambassador Michele J. Sison for reasons 1. 4 (b) and (d) SUMMARY -------------- ¶1. (C) Two years after the near-complete destruction of the Nahr al-Barid Palestinian refugee camp near Tripoli, reconstruction efforts by the UN Relief and Works Agency (UNRWA) are being thwarted by a legal challenge from Free Patriotic Movement (FPM) leader Michel Aoun. On August 26, a Lebanese court ordered previously agreed-upon backfilling of uncovered archeological sites to cease while Aoun's case is adjudicated. Only archeological surveying and rubble and unexploded ordnance (UXO) removal will continue. Despite recent press reports that "reconstruction" is underway, it is uncertain when actual construction will begin. While Lebanese-Palestinian Dialogue Committee Director Ambassador Khalil Makkawi believes the GOL has a solid case against the stoppage and it will be overturned within two weeks, others in UNRWA are less certain of a quick resolution. With the rainy season soon approaching and many camp residents living in temporary shelters, delays in construction projects could incite strong reactions from already disillusioned camp residents. End summary. LATE-BREAKING LEGAL CHALLENGE FROM AOUN -------------- ¶2. (C) In mid-August, Michel Aoun filed a lawsuit with the Shura court requesting an injunction against the backfilling of recently discovered Roman ruins underneath areas of the Nahr al-Barid (NAB) Palestinian refugee camp near Tripoli. The basis for the suit is how to best preserve the remains of the Roman village discovered during rubble and UXO removal. The Directorate General of Antiquities (DGA) earlier in the year carried out a extensive survey at the site and, with cabinet approval, agreed that construction could continue if the ruins were "backfilled" with compressed soil at least one meter above the tallest portion of the ruins after UXO and rubble removal. Caretaker Culture Minister Tammam Salam told us on August 25 that Aoun was demanding the GOL relocate the �A;camp to new land, an option already studied and rejected due to the cost and procedural delays in appropriating the land. Salam described Aoun's demand as disingenuous since, were the GOL to appropriate new land, Aoun would accuse the GOL of instituting a permanent resettlement plan or "tawteen" for the refugees, a policy universally rejected across the Lebanese political spectrum. One of the issues being considered by the court is whether Aoun has legal standing for the suit, either as a private citizen or an MP. ¶3. (C) The GOL filed an appeal to Aoun's lawsuit, caretaker Justice Minister Ibrahim Najjar confirmed to Ambassador on August 14. Najjar said that both Aoun and the GOL had one month to prepare their cases. Meanwhile, on August 25 caretaker PM Siniora met with Salam, the DGA, the secretary general of the cabinet and a Lebanese Armed Forces (LAF) representative to "consolidate" the government's position before presenting their appeal to the court later in September. Salam, who underscored earlier acceptance by some members of the opposition of the DGA's proposal, noted that two of the three judges on the State Council, which must rule on the appeal, are Aoun supporters. On August 26 UNRWA's Deputy Director for Lebanon Roger Davies told the Ambassador the court had ordered the previously agreed-upon work on backfilling to cease while the case is adjudicated. Only archeological surveying, rubble and UXO removal will continue. Davies said that Siniora had advised UNRWA on August 26 to obey the instruction, which asserting that the GOL was "100 percent behind" the NAB reconstruction project. Davies told us August 27 that UNRWA planned to order its contractor to cease backfilling operations on August 31. According to Regional UNRWA Director Filipo Grandi, the end BEIRUT 00000967 002 OF 002 of October was previously the projected date to complete the clearance work and begin constructing building foundations. NO CONSTRUCTION BEGUN AS RAINY SEASON APPROACHES -------------- ¶4. (C) Despite press reports on August 21 that NAB reconstruction was finally going to kick off, the reality is that since the laying of the project's foundation stone in March, no actual structures have been built. Given the legal challenge and the approaching rainy season, it is uncertain when construction of utility infrastructure, homes and neighborhoods will be completed. In addition, UNRWA's NAB Project Manager Charlie Higgins noted that approval of an additional $2.3 million from the trustees of the multi-donor trust fund will be needed to complete rubble and UXO removal at all eight "packages" that define the reconstruction area. ¶5. (C) Grandi and Higgins told the Ambassador on August 26 they are concerned aboutPalestinian reactions to a work stoppage. Although UNRWA has tried to keep news of the injunction quiet, the NAB residents are aware of Aoun's request, Grandi reported. Groups were coordinating and would respond strongly if worked stopped, Grandi assessed. Any organized reaction should be peaceful, Grande believed, but the Palestinians have a "strong moral argument" until they turn violent, he concluded. UNRWA's concern was borne out on August 26 when residents of south Beirut's Shatila camp organized by the Democratic Front for the Liberation of Palestine (DFLP) staged "sit-ins" to show support for the NAB rebuilding efforts. Grandi told us LAF Chief of Staff Chawki al-Masri, who expects the situation to drag on for several months, assessed the work stoppage and potential unrest as a serious danger to state security. COMMENT -------------- ¶6. (C) Aoun's legal standing to seek to enjoin NAB construction is in question but has so far not led to dismissal of his suit, UNRWA's Davies told us. Aoun's suit, while possibly targeted to rally his Christian base or to embarrass caretaker PM Siniora, nevertheless highlights the political sensitivities and public relations challenges that hinder a project already slowed by technical obstacles. The USG's recent grant of $25 million for reconstruction at NAB, which received very positive local press coverage, will not bring relief to the refugees in the short term as a result of the lawsuit. We will continue to engage with caretaker PM Siniora, PM-Designate Hariri, and the caretaker Ministers of Justice and Culture on this matter. SISON