Settlements in Focus – Vol.1, Issue 8: Targeting the Old City’s Muslim Quarter
Americans for Peace Now (Press Release)
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August 26, 2005
According to recent news reports, the Israeli government has approved
construction of a new Jewish settlement in the Muslim Quarter of
Jerusalem’s Old City. Is this true?
On July 4, 2005, the Israeli Ministry of Housing and Construction gave
its approval to move forward on a plan (Town Planning Scheme 9870,
or “TPS 9870”) to construct a new Jewish settlement in the Muslim
Quarter of Jerusalem’s Old City, near Herod’s Gate. This approval
is not final and does not mean that the plan will necessarily be
implemented; however, it does allow the plan to proceed on the path
toward final approval, with the official blessing of the Ministry.
Subsequent to the Ministry’s approval, on July 25, 2005, the Local
Planning Committee of the Jerusalem Municipality met to consider
TPS 9870. During that meeting, the Committee amended the plan
(reducing the maximum number of residential units from 30 to 21,
based on concerns of the City Engineer, Uri Shitreet). The Planning
Committee ultimately approved the amended plan by a vote of 5-2,
sending it on for the next stage in the approval process.
The plan will now be sent to the Regional Planning Committee
(part of the Ministry of Interior), where it will be deposited for
public review. The public may file objections within sixty days of
the plan’s publication, and after a hearing process the plan may
be approved, rejected or approved with amendments by the Regional
Planning Committee. Upon approval, a building permit may be issued
and construction can commence.
Why is this one settlement a big deal?
The establishment of a Jewish neighborhood in the Old City’s Muslim
Quarter is another unilateral act that, in combination with others
(like those discussed in Settlements in Focus, Volume 1, Issues 1
& 4, for example), would predetermine the results of final status
negotiations and render a political resolution of the thorny issue
of Jerusalem even more difficult. The plan conflicts with the
fundamental rationale for negotiations (i.e., that competing claims
should be resolved through agreements), undermines the credibility of
pro-peace Palestinian leaders who support negotiations, and strengthens
extremists who argue that the Road Map and disengagement are a pretext
for Israel to strengthen its hold on Jerusalem and the West Bank.
In addition, the plan could be a lightening rod for the kind of
friction and conflict that bodes ill for the stability of Jerusalem
– the one place where Israelis and Palestinians live and work,
cheek-and-jowl – and violates the delicate patterns of life in the
Old City. Moreover, provocative actions in the Old City in the past
have touched a raw nerve and led to significant bloodshed and loss
of life. For example, Israel’s decision in 1996 to open access to an
ancient tunnel in the heart of the Old City (“the Hasmonean Tunnel”)
led to widespread rioting that ended in more than 100 dead and many
injured. This highly controversial new settlement project is likely
to become a similar rallying point, precisely at a time when hesitant
efforts are being made to resume a political process.
Who owns the land?
The site is about 3.8 dunams in size (1 dunam = about .25 acres). The
Israel Land Authority (ILA), the body appointed (by a 1960 Israeli law)
to administer state lands, owns 1.9 dunams – reportedly “absentee
properties” (i.e., property whose owners were in “enemy” territory
at the end of the 1967 War, and whose assets thus reverted, under
Israeli law, to the State of Israel).
Himanuta Ltd., a wholly-owned subsidiary of the Jewish National
Fund (a quasi-governmental body whose lands, under the 1960 law,
are also administered by the ILA), owns 1.3 dunams, reportedly
acquired privately from the White Russian Orthodox Church in the
1980’s. As detailed in a 1992 report issued by the Klugman Committee,
a governmental Board of Inquiry established to investigate covert and
illegal government policies abetting settler activities in Jerusalem
(discussed below), the ILA, Himanuta, and the JNF acted in the past as
a front for extreme settler organizations such as “Ateret Cohanim.” A
January 2005 article in Ha’aretz also noted: “Tens of thousands of
acres on which settlements, industrial zones and roads have been built
were purchased by a subsidiary of the JNF – Himanuta, Ltd. – which
specialized in buying land from Palestinians through ‘straw men.'” The
ownership of the remaining .6 dunam of land in question could not be
definitively established for the purposes of this document.
The plan appears to be a long way from implementation. What is so
urgent about it now?
Experience has shown that inflammatory initiatives – like this
settlement plan – are best stopped in their incipient stages. As
a project of this nature gathers momentum, the “price tag”- i.e.,
Israeli political capital (the political costs to an Israeli government
that has to stop it), U.S. and international political capital (the
efforts that must be put into pressuring Israel to stop it), and
the overall political and diplomatic damage done (to peace efforts
and the credibility of the parties) – increases exponentially, and
the likelihood that the project can actually be halted becomes more
remote. All parties concerned with the stability and viability of
Jerusalem and the resumption of a credible political process between
Israel and the Palestinians should be working now to stop the project,
before the “price” for stopping it increases, or the process passes
the point of no return.
Can the plan be stopped?
The State of Israel, in its capacity as landowner (through the Israel
Lands Authority) or in its capacity as plan sponsor (through the
Ministry of Housing and Construction) can withdraw the plan or prevent
it from proceeding to the next phase of approval (i.e., deposit for
public review by the Regional Planning Board). In addition, it is
possible (though unlikely) that if the plan were to proceed to the
next stage it would be rejected by the Regional Planning Committee.
There is also the possibility of stopping the plan in Israeli court,
via a range of legal challenges. However, no court case may be filed
prior to the final approval of the plan (at which time the project
will be close to implementation), and the Israeli Supreme Court
has historically shown reluctance to embroil itself in politically
sensitive cases, even if a compelling legal case can be made.
Future court cases may be based on technical flaws (the plan lacks
the legally-required signatures of the sponsor and the landowner
– problems that led to it being thrown out by the planning board
last time around). The plan also appears to be at odds with policy
changes implemented based on the findings of the Klugman Committee. In
addition, it may conflict with a Supreme Court precedent, in which
the court ruled that in order to preserve the historic patterns of
residence in the Old City a Palestinian resident of Jerusalem could be
denied the right to purchase a home in the Jewish Quarter. Finally,
the plan may conflict with Israeli laws protecting antiquities;
opposition to the plan from the Israel Antiquities Authority, however,
has been muted, with some observers suggesting that political pressure
has been brought to bear.
Where would the settlement be built?
The site of the planned settlement is a vacant area at the northeastern
tip of the Old City, adjacent to the city wall, near Herod’s Gate. One
of the few remaining open spaces, the site is deep inside the Muslim
Quarter, accessible only via pedestrian walkways through residential
areas of the Muslim Quarter. It is in no way connected to or directly
accessible from the Jewish Quarter, which is located in the southern
part of the Old City.
According to the TPS 9870, what would be built?
TPS 9870, as approved by the Local Planning Council, includes 21
residential units and additional public buildings – including a
gold-domed synagogue to tower over the Old City ramparts.
What is the legal (zoning) status of the land?
Consistent with Plan AM/9, which governs all land in the Old City,
all of the open areas adjacent to the internal wall of the Old City
are preserved “…in order to prevent construction near the wall,
protecting its uniqueness and allowing the public at large access to
a site of unparalleled historic and archeological value.” The site of
the settlement is consequently designated as Public Open Space. The
approval of TPS 9870 required over-ruling this ban on construction
close to the Old City walls.
It is worth recalling that even as the Jerusalem municipality is
seeking to change the zoning in this site to permit construction
that will nearly abut the Old City walls, it is still seeking to
raze a Palestinian neighborhood located adjacent to the Old City, on
the ground that the area should be restored to its historical state
(this case is detailed in Settlements in Focus, Vol. 1, Issue 4).
Has Israel previously built any settlements inside the Muslim Quarter?
This is the first time the State of Israel has officially and openly
initiated the construction of a Jewish project in the Old City, outside
the Jewish Quarter. In fact, it is the first time in history that the
State of Israel has officially sought to build a Jewish settlement
within the confines of an existing Palestinian neighborhood anywhere
in East Jerusalem.
Non-governmental settlers groups have taken over, through legal and
illegal means, properties throughout the Muslim quarter. However, these
projects have been of a much smaller scale than the current plan and
were never officially initiated or sponsored by the government. Settler
efforts to target the Old City were dealt a blow by the Klugman
Report, which, for a time, brought to an end surreptitious official
assistance for the settlers groups. Support resumed several years
later when Binyamin Netanyahu took over as Prime Minister, but at a
much diminished level, until now.
What is the population of the Old City like?
Note: All population figures come from the Israeli Central Bureau of
Statistics as of December 31, 2003.
With 35,372 residents and a total area of about 900 dunams, Jerusalem’s
Old City is one of the most densely populated areas in Israel, and
the Muslim Quarter is the most densely populated area of the Old
City. Population density varies dramatically within the Old City;
details for each quarter, and for Jerusalem as a whole, are as follows:
Jerusalem: Jerusalem (not including the Old City) is about 125,398
dunams in size, with 657,845 residents, for a population density of
about 5 persons per dunam. The Jewish Quarter: The Jewish Quarter is
122 dunams in size and has 2,387 inhabitants, for a population density
of around 20 persons per dunam. Of these residents, 1,811 are Jewish,
560 are Muslim, 12 are Christian, and 4 are “unclassified.” According
to a 2002 report by the Jerusalem Institute for Israel studies,
the Muslim population is composed of around 100 families living
mainly on the edge of the Quarter, in homes that were designated for
expropriation after 1967, but never actually taken from their owners.
The Christian Quarter: The Christian Quarter is 192 dunams in size
and has 5,276 residents, for a population density of around 28 persons
per dunam. Of these residents, 3888 are Christian, 1,242 are Muslim,
143 are Jewish, and 3 are “unclassified.” The Armenian Quarter:
The Armenian Quarter is 126 dunams in size and has 2,461 residents,
for a population density of around 20 persons per dunam. Of these
residents, 1205 are Christian, 748 are Jewish, 504 are Muslims,
and 4 are “unclassified.” The Muslim Quarter: The Muslim Quarter
has a population of 25,248 residents and is 461 dunams in size,
of which about 142 dunams is taken up by the Temple Mount/Haram al
Sharif – an area not available for residence. This yields an overall
population density (for the habitable 319 dunams) of about 79 persons
per dunam. Of these residents, 23,461 are Muslim, 431 are Jewish,
1354 are Christian, and 2 are “unclassified.” What is the history
of Israeli attempts to build a settlement at this site?
In 1982, Ariel Sharon was the Minister of Agriculture when he
established a special committee to deal with “government” properties
in the Old City of Jerusalem. The Committee actively worked to help
settler groups like “Ateret Cohanim” gain control of properties in
the Muslim Quarter, including a scheme to allow “Ateret Cohanim” to
build a settlement at the Herod’s Gate site. The plan was eventually
shelved, following an expose in the Israeli press.
In 1991, Ariel Sharon was the Minister of Housing and Construction when
he tried to fast-track an “Ateret Cohanim” plan to develop the Herod’s
Gate site through a special planning committee established to expedite
construction of homes for immigrants from the former Soviet Union. He
was blocked by opposition from professional planning authorities: the
Town Planner determined that use of the accelerated track was illegal;
the plan was found to conflict with the patterns of life in the Old
City; and the plan was found to violate all of the of the principles
geared to preserve the Old City as a site of unique historical and
cultural value. The plan was never brought before the committee.
In October 1991, following the takeover by settlers of several
Palestinian homes in Silwan, Member of Knesset Haim Oron and
lawyer Daniel Seidemann exposed the existence of policies which
covertly handed Palestinian properties to settler groups. Following
protracted legal proceedings, the Israeli government established an
official Board of Inquiry, headed by Haim Klugman, then-Director
General of the Ministry of Justice. On September 13th, 1992, the
Klugman Committee submitted its findings to the Israeli Government
(the report was and remains classified). The Committee determined
that the policies implemented by Minister Sharon in East Jerusalem
were tainted by systematic and blatant illegality, from illegally
funneling government assets to settler groups, to using falsified
documents to seize Palestinian properties as “absentee properties”
and then handing them over to settlers.
In May 1998, Ariel Sharon was the Minister of Infrastructure (a
position that gave him control over the ILA) when “Ateret Cohanim”
submitted to the Local Planning Committee a planning scheme for the
Herod’s Gate site. Minister Sharon attempted to intervene on the
settlers’ behalf when, after the plan was rejected by the Local
Planning Committee, the settlers began to build illegally on the
site. Then-Jerusalem Mayor Ehud Olmert, under threat of legal action,
issued a demolition order (which caused the settlers to demolish
the structures). At the same time, in an unprecedented act that both
exceeded his official mandate and conflicted with the authority of
the municipality, then-Minister Sharon attempted to prevent the
demolition and grant official sanction to the settlers’ claim to
the site, issuing a press release stating: “Ateret Cohanim has legal
possession of the site adjacent to Herod’s Gate since it was leased
to them by the ILA for various purposes… [no such lease existed].
In the event that they lack any required approval it will be issued
forthwith, thereby nullifying the excuse used by the Municipality to
justify such a drastic measure as issuing an administrative demolition
order… ” [under Israeli law, no such “approval” could be issued,
since the area lacked an approved town plan].
In July 2005, Ariel Sharon is the Prime Minister of Israel, and
the plan to build a Jewish settlement at the Herod’s Gate site has
resurfaced, in the form of TPS 9870.
Could TPS 9870 have moved without high-level approval?
Given the political sensitivity of all things related to Jerusalem,
it is improbable that a plan of this nature could have proceeded
without high-level approval, including the approval of Prime Minister
Sharon. Moreover, this is not the first attempt to establish a
settlement at this particular site, and Ariel Sharon (who himself owns
a home in the heart of the Muslim Quarter), in his various roles in
government, played a central role in each previous attempt.
Produced by Lara Friedman, Government Relations Director, Americans
for Peace Now (USA), with the assistance of Daniel Seidemann, Ir
Amim, Jerusalem