JERUSALEM TAKES DECISION ON MUGHRABI GATE

C O N F I D E N T I A L PARIS FR 000319

SIPDIS

E.O. 12958: DECL: 3/04/2018
TAGS: PREL UNESCO KWBG JO IS
SUBJECT: JERUSALEM TAKES DECISION ON MUGHRABI GATE

REF: PARIS FR 00211

Classified by Charge Engelken for reasons 1.4 (b) and (d).


1. (C) Summary: The Jerusalem Planning Commission has taken a
decision approving design plans for the reconstruction of the
Mughrabi Gate, according to Israel's Ambassador to UNESCO. While
appeals to the High Court in Israel are possible, the decision, once
made public, will guarantee the start of a very negative media
campaign, which will be played out before and during UNESCO's
upcoming Executive Board in mid-April. End Summary.


2. (C) Charge met with Israeli Ambassador to UNESCO, David Kornbluth
today to discuss several issues of common interest that included an
update on the situation concerning the reconstruction of the Mughrabi
Gate in Jerusalem. Kornbluth (Protect) informed us that he had just
received this morning, March 4, a report saying that the Jerusalem
Planning Commission had taken a decision to approve the design plans
for the reconstruction of the Mughrabi Gate. Kornbluth said that the
approved design took into account the comments from Israel's expert
on the World Heritage Committee, Dr. Michael Turner, as well as World
Heritage advisory bodies, and had, according to earlier reports from
Turner, also incorporated major changes from the original Israeli
design, including some elements proposed by Jordan. When pressed,
Kornbluth made clear that he had no idea whether Jordan or the World
Heritage Committee's advisory bodies will be satisfied with the
outcome.


3. (C) Kornbluth explained that now that the Planning Commission has
ruled, the process moves into its next phase, requiring the issuance
of a building license before any construction may begin. Kornbluth
said that at any point, an appeal to the High Court may be made by
any of the 14 organizations that had registered objections during the
hearing process. He said that, in order to be successful, they would
have to demonstrate that the procedure followed for the hearing was
wrong. Kornbluth added that Dr. Turner believes that any attempt to
block action through the Court due to procedural error would be
difficult, as the Planning Commission's hearings were unusually
transparent and open, due to the political implications of the
decision.


4. (C) Kornbluth did not believe that word of the Planning
Commission's decision can be kept quiet for long. Once the news gets
out, we can anticipate a flurry of media reaction against what will
be portrayed as a unilateral Israeli decision. It is unclear what
steps, if any, UNESCO may be able to take in advance of the April 14
Executive Board to defuse the situation. When we asked Kornbluth if
any further "technical encounters" might be possible using UNESCO's
good offices now that the Planning Commission had acted, he said that
he doubted it, but did not know for sure.


5. (C) Whatever the outcome at the Executive Board, it is sure that
the issue will also be discussed at the World Heritage Committee
meeting in late June in Seville.


6. (C) Comment: The timing of this decision virtually guarantees
that Middle East issues will bulk large on the agenda of the April
2009 Executive Board meeting. It had already been widely anticipated
here that Arab members would submit resolutions on Gaza. An
emotional discussion of the Mughrabi Gate looks virtually certain as
well. To compound the problem, Ambassador Kornbluth reported that
Director-General Matsuura believes UNESCO's usual negotiator for
Middle East issues, Deputy Director-General Marcio Barbosa (Brazil),
should not perform this role again at the April Board. While the
Director-General did not explain his decision to Kornbluth, we expect
it stems from Barbosa's ever more obvious intention to run for
Director-General when Matsuura steps down. It is becoming
increasingly difficult for Barbosa to separate his official actions
from his personal ambitions. Ambassador Kornbluth informed us that
he had suggested to the Director-General that recently retired
Canadian PermRep Gilbert Laurin be recalled to act as Middle East
facilitator at the Board. The Canadian Delegation has informed us
that Laurin, whose diplomatic skills made a very favorable impression
on us, has been approached by the Secretariat to take on this role.
He is reportedly consulting with the Canadian Government on whether
or not to accept.

ENGELKEN