ANNOUNCEMENT OF MUNICIPALITY PLAN TO SCALE BACK

C O N F I D E N T I A L JERUSALEM 001097 SIPDIS NEA FOR FRONT OFFICE AND IPA. NSC FOR SHAPIRO/KUMAR E.O. 12958: DECL: 06/29/2019 TAGS: KWBG PGOV PREL PTER PHUM KPAL IS SUBJECT: ANNOUNCEMENT OF MUNICIPALITY PLAN TO SCALE BACK DEMOLITIONS NOT WHAT IT SEEMS REF: JERUSALEM 783 Classified By: Deputy Principal Officer Greg Marchese, per reasons 1.4 (b) and (d) ¶1. (C) Summary. Jerusalem Municipality contacts confirmed a June 29 Ha'Aretz article, which claimed that the municipality is developing a plan to legalize Palestinian homes that do not interfere with municipal development, such as the construction of roads and schools. Jerusalem Legal Advisor Yossi Havilio questioned the Mayor's authority to retroactively legalize Palestinian homes, while Meretz City Council members said the plan would not be operable in the short term or ease demolitions in the politically sensitive Holy Basin. They also speculated that the announcement was timed to relax pressure on the GOI as Defense Minister Barak prepares to head to Washington for meetings. End Summary. JERUSALEM MUNICIPALITY PLANS TO LEGALIZE SOME UN-PERMITTED HOMES -------------- ¶2. (C) Ha'Aretz reported on June 29 that Jerusalem Mayor Nir Barkat plans to freeze the demolition of 70 percent of East Jerusalem's approximately 20,000 illegal Palestinian homes. The freeze, according to the article, is part of a plan that would work with the owners of the other 30 percent of homes to negotiate compensation and relocation. The article quoted Yakir Segev, calling him Deputy Mayor for East Jerusalem Affairs, as saying that the Municipality does not have the means to enforce all existing demolition orders, as each demolition requires a lengthy court process and a heavy security presence. The Municipality only has the budget to demolish roughly 100 houses a year, the article says. ¶3. (C) Segev, a City Council member, confirmed the story to PolOff, saying that the Mayor hopes to have the plan's details worked out by year-end so he can implement it in ¶2010. Segev said the Municipality is establishing criteria that would allow un-permitted homes to receive retroactive permits based on their location and size. Thus, Segev said, moderately-sized homes in residential areas could become legal, while homes built on public land or planned roads could not. In cases where the Municipality cannot change the building's legal status, Segev said, Mayor Barkat may adopt an official policy of "turning a blind eye." In this case, he said, the Municipality would inform home owners that their property remains illegal, but does not risk being demolished. Segev said the plan benefits all parties, as taxes collected on the "legalized" houses would fund infrastructure development in East Jerusalem, while home owners could stop paying to fight demolitions in court. JERUSALEM LEGAL ADVISOR: MAYOR LACKS AUTHORITY TO LEGALIZE CONSTRUCTION -------------- ¶4. (C) According to Jerusalem attorney Danny Seidemann, the Municipality's Legal Advisor, Yossi Havilio, told him that Mayor Barkat lacks the authority to legalize un-permitted construction. Havilio also said that the plan could reduce demolitions in some Palestinian neighborhoods while increasing them in politically sensitive areas like Silwan. Havilio said the announcement demonstrates that the Municipality is "trying to deflect pressure after the (recent) Quartet announcement" calling on Israel to meet its Roadmap obligations. CITY COUNCIL MEMBERS SAY ANNOUNCEMENT TIMED FOR BARAK VISIT, HOME DEMOLITIONS STILL A PROBLEM -------------- -------------- ¶5. (C) City Council members Pepe Allalo and Meir Margolit, both of Meretz, downplayed the Mayor's plan, telling PolOff that it is in the conceptual stage and will not be executed for months or years. Margolit and Allalo speculated that the Municipality leaked information about the plan in anticipation of Israeli Defense Minister Ehud Barak's visit to Washington. Margolit added that, in a best-case scenario, the Municipality only intends to legalize Palestinian homes on Jerusalem's periphery -- in areas like Beit Hanina to the north and Sur Bahir to the south -- while intensifying demolitions in the politically sensitive Holy Basin. WALLES