US embassy cable - 04TELAVIV6649

C O N F I D E N T I A L SECTION 01 OF 02 TEL AVIV 006649 
 
SIPDIS 
 
E.O. 12958: DECL: 12/30/2014 
TAGS: PREL, PGOV, KWBG, IS, SETTLEMENTS, ISRAELI-PALESTINIAN AFFAIRS 
SUBJECT: ALFE MENASHE SETTLEMENT EXPANDING TO THE GREEN LINE 
 
 
Classified By: Political Counselor Norm Olsen for reasons 1.4 (b) and ( 
d). 
 
1.  (C)  Summary.  Amira Bahat, council member of the Israeli 
town of Nirit, which abuts the Green Line, told Embassy 
economic officer on December 22 that the Alfe Menashe 
settlement will eventually spread to the Green Line with the 
construction of over 1,200 new housing units on the West Bank 
land between the settlement and the Green Line.  She 
explained that advertising for a new neighborhood of Alfe 
Menashe, called Nof Hasharon, began in 1999.  According to 
Bahat, private developers bought the land and signed an 
agreement with Nirit for the development to be connected to 
Nirit's infrastructure, but the developers lost interest with 
the start of the Intifada and never fulfilled their part of 
the agreement.  In late 2003, they came back to renegotiate 
with Nirit, but the town's residents in 2004 voted against 
being connected to Nof Hasharon and have petitioned the High 
Court to stop construction because, she said, Israel made 
commitments to the U.S. to stop settlement activity and 
because they "do not want to be annexed into a settlement." 
Bahat contended that, in addition to Nof Hasharon, there are 
plans for two more housing developments near the new 
neighborhood for another 1,200 housing units and that the 
separation barrier will eventually be moved further into the 
West Bank so these areas will be on the west side of the 
seamline and therefore "in Israel."  GOI officials from the 
Ministries of Defense, Housing and Construction, and Justice 
told econoff that Nof Hasharon is a private development and 
the only GOI involvement was approvals given by zoning 
authorities many years ago.  End summary. 
 
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How Did We Get Here? 
-------------------- 
 
2.  (C) Amira Bahat, council member of the town of Nirit, 
west of the Green Line, told Embassy economic officer on 
December 22 that in late 1999, Nirit's residents woke up one 
morning to find a placard advertising a new housing 
development next to their community called "Nirit North." 
This new development, now referred to as Nof Hasharon, is 
next to Nirit -- on the east side of the Green Line, but west 
of the separation barrier.  According to Bahat, upon 
investigating why "Nirit North" was being established without 
their knowledge, Nirit's residents discovered that the 
development was actually an extension of Alfe Menashe, a West 
Bank settlement almost three kilometers beyond the Green 
Line.  Nirit petitioned the High Court to stop construction, 
but by February 2000, the residents decided they could not 
win because "the construction was happening without rules and 
regulations" since the Ministry of Defense (MOD) "authorizes 
what happens in the territories." 
 
3.  (C) Nirit's residents eventually gave up their case and 
signed an agreement with Attorney Moshe Glick, who represents 
the land developers, which stated that the planned 42 houses 
of the development would be able to use Nirit's 
infrastructure -- roads, electricity, sewage, schools -- in 
exchange for a lump sum of $25,000 and payments of monthly 
property taxes.  (Note:  Bahat said that among the developers 
Glick represents are Benny Katzover and Benzi Lieberman, 
senior members of the YESHA council.  End note).  Nof 
Hasharon's residents, however, would pay their taxes to Alfe 
Menashe which would then pass the funds to Nirit.  Bahat 
explained that, the agreement notwithstanding, the developers 
never paid Nirit any money and that construction stopped at 
the start of the Intifada because the developers "lost 
interest." 
 
4.  (C) Bahat related that once construction of the 
separation barrier started in their area in late 2003, the 
developers came back to Nirit to try to renegotiate the 
agreement.  At this point, the plans for the development had 
grown to 52 houses.  The negotiations continued through 
August 2004, but that month 70 percent of Nirit's residents 
voted twice against being linked to Nof Hasharon despite the 
fact that, as Bahat explained, "we need the money."  The 
other 30 percent of the residents allegedly voted in favor 
because they thought they could not win and the development 
would move forward regardless.  One week after the second 
vote, she concluded, construction restarted. 
 
5.  (C) Bahat continued that Nirit's residents again 
petitioned the High Court o/a November 7 to stop construction 
of Nof Hasharon because, she said, Israel made commitments to 
the U.S. to stop settlement activity.  She also said Nirit's 
residents "do not want to be annexed into a settlement." 
Bahat reported, however, that the GOI's response was that 
this development was approved five years ago, so Israel-U.S. 
commitments do not apply.  Nirit residents are currently 
waiting for the High Court's decision while construction 
continues. 
 
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Seeking Other Help 
------------------ 
6.  (C) Bahat stated that members of Nirit's council recently 
went to the Interior Committee of the Knesset with Labor MK 
Amram Mitzna to get the project stopped.  Some of the MKs 
reportedly agreed that this "was not a normal thing," and one 
MK allegedly said, "Believe me, we think like you but we 
cannot help you.  If you want help, go to the U.S." 
 
------------------ 
What Happens Next? 
------------------ 
 
7.  (C) In response to econoff's question, Bahat replied that 
Nirit's residents sought the advice of Gabriela Shalev, a law 
professor, who told them that the original agreement was 
voided because the developers never paid Nirit's residents 
what they owed.  Bahat said this was irrelevant, however, 
because Nirit has already "received orders from the army" to 
open up its fence, which runs along the Green Line, so Nof 
Hasharon's residents can use Nirit's roads. 
 
--------------------------- 
But it's Only the Beginning 
--------------------------- 
 
8.  (C) With respect to the West Bank land between Nof 
Hasharon and Alfe Menashe, Bahat reported that apparently 
Jews bought it from Arabs over 70 years ago, but she opined 
that it should go to "Palestine."  She added that there will 
be more construction there and gave econoff a map which shows 
a housing development planned for West Bank land between Nof 
Hasharon and the separation barrier called "Admot Hayehudim," 
or "Land of the Jews."  Bahat continued that Ilan Niv, 
chairman of Nirit's council, went to meet with Alfe Menashe's 
leaders several days ago and he reportedly saw a map with 
another planned development on West Bank land south of Admot 
Hayehudim called "Ilanit."  Bahat concluded that, because of 
these two new developments, Nirit will eventually be flanked 
by 1,200 housing units on its east side. 
 
9.  (C) Bahat explained that, based on the snake-like pattern 
of the separation barrier in this area, Nof Hasharon's 
residents would have to cross two fences to get to Alfe 
Menashe.  She opined, however, that the separation barrier 
will eventually be moved to run along Alfe Menashe's east 
side so these new houses "will be in Israel."  (Note:  Such a 
change in the route of the separation barrier would leave the 
new houses on West Bank land, albeit west of the barrier. 
End note).  Bahat said that the developers in fact originally 
advertised the land as being located in Israel rather than 
east of the Green Line -- although they have not done so 
since the case went to the High Court -- and this may be the 
case in the long run. 
 
------------------------------ 
GOI Says it's a Private Matter 
------------------------------ 
 
10.  (C) Grisha Yaakobovich, who replaced Oded Herman in 
COGAT at the Ministry of Defense (MOD), told econoff that he 
did not know anything about this case other than it is being 
discussed in the High Court.  He said that since it is a 
private development, he did not have any other details. 
Chaim Fialkoff, acting director general at the Ministry of 
Housing and Construction (MOHC), said he also had few details 
because the land was bought by private developers and the 
only government involvement was for the Civil Administration 
to give permits years ago.  He explained that the MOHC has 
not provided subsidies or any infrastructure -- which is why 
the settlement is connecting to the infrastructure of Nof 
Hasharon -- nor is it overseeing any of the construction.  In 
response to econoff's question, Fialkoff confirmed that the 
West Bank land between Alfe Menashe and Nof Hasharon is also 
privately owned.  Mike Blass, Deputy Attorney General at the 
Ministry of Justice (MOJ), repeated the fact that the land 
was privately acquired long ago with approval from the zoning 
authorities. 
 
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