This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 TEL AVIV 001612 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: KWBG KPAL PGOV IS ISRAELI PALESTINIAN AFFAIRS
SUBJECT: SPIEGEL BRIEFS DONORS ON SEPARATION BARRIER 
DEVELOPMENTS 
 
REF: TEL AVIV 1420 
 
 This message is sensitive but unclassified.  Please handle 
accordingly. 
 
¶1.  (SBU) Summary.  Baruch Spiegel, Israeli coordinator on 
humanitarian issues related to the separation barrier, told 
donors March 11 that he and his team are trying to find 
solutions to a variety of localized problems brought to its 
attention and is trying to apply "lessons learned" from 
previous mistakes.  He said that, based on dialogue with 
Palestinian officials and residents, a large number of 
changes have been made to the proposed route and opening 
times for gates had been increased. Spiegel said his team is 
in the process of mapping potential bottlenecks that could be 
created by the Jerusalem portion of the barrier and would try 
to devise solutions. The legal advisor on Spiegel's team said 
there is no intention to permanently confiscate land, calling 
the actions taken up to now "temporary seizures" of land, for 
which compensation will be given.  End Summary. 
 
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Spiegel - We're Learning From Past Mistakes 
------------------------------------------- 
 
¶2.  (SBU)  Spiegel said that his team was tasked to find 
solutions to specific problems brought to its attention and 
to implement "lessons learned" from areas where the barrier 
was built and caused serious problems for local residents. 
Spiegel emphasized that he is a "coordinator of fence-related 
humanitarian issues," not an "ombudsman" to whom every issue 
related to the barrier should be directed.  Residents facing 
problems caused by the barrier, he said, should contact local 
MATAK offices, just as before.  He stated, however, that his 
team would "deal immediately" with any problems brought to 
its attention by NGOs, Palestinian officials or others.  His 
office is engaged in "intensive dialogues" with Palestinian 
officials and residents of several areas affected by the 
barrier (he provided no specific details).  "We will give 
answers," as a result of this dialogue, he said, "and those 
answers may result in changes to previous decisions about the 
route of the fence."  He noted, as an example, the changes to 
the route near Baqa al Sharqiya (reftel).  He also noted that 
opening times for gates around Qalqilya had been extended to 
90 minutes, from as little as 20 minutes previously.  Spiegel 
insisted that complaints about the impact of the barrier on 
local residents had decreased markedly.  In the past, Spiegel 
continued, the humanitarian aspect was not part of the 
planning process.  Now it is.  "We are checking every meter 
of the fence and if the humanitarian dimension comes into 
play, we are dealing with it." 
 
------------------ 
Focus on Jerusalem 
------------------ 
 
¶3. (SBU)  The most difficult and complicated part of the 
route is around Jerusalem, said Spiegel.  He said his team 
was in the process of mapping "weak points" and bottlenecks 
caused by the proposed route near Jerusalem, and would try to 
devise solutions.  Part of the solution, Spiegel added, might 
include new technology that will make passage easier and less 
intrusive, perhaps through "smart cards" or other means. 
Travel and car permits for travel through crossings around 
Jerusalem are "big, complicated issues," he said.   He noted 
that the police, not the IDF, are responsible for issuing 
these permits for Jerusalem entry. 
 
--------------- 
Training is Key 
--------------- 
 
¶4. (SBU)  Spiegel reiterated points he had made to us 
previously (reftel) about the importance of training 
personnel who will be manning crossing points. His team will 
work closely with the IDF and the police, he said.  Training 
would focus on how to correctly deal with civilians. "A high 
standard of service" would be mandated, he said.  He said 
passing a special exam would eventually be required before 
personnel are assigned to these stations. Because of urgent 
personnel needs, however, the IDF is making do with "on the 
job training" at present. 
 
------------- 
Legal Aspects 
------------- 
 
¶5.  (SBU) Spiegel said ten legal petitions about the barrier, 
3 general in nature and 7 about particular land issues, had 
been received by the Israeli High Court of Justice.  The 
Israeli authorities were paying very close attention, he 
said, to property rights, and had a clear preference to build 
on "public land" vs. "private land."   In response to 
questions from the donors, Michael Bendavid of the 
International Law Department of the IDF said that Palestinian 
landowners affected by the barrier were entitled to 
compensation.  Claims that Israel would invoke laws to 
confiscate private land were untrue, he said.  Specifically, 
the GOI would not invoke legal procedures that cause 
agriculture land that has been unused for three or more years 
to become "public land."  To do so would be illegal and in 
bad faith, he said.  Bendavid said the GOI had "temporarily 
seized" some private land to build the barrier, but the land 
would be returned after a final peace settlement. 
Compensation for private owners, akin to rental payments, he 
said, was being set aside.  It was IDF experience, he 
continued, that owners would eventually come forward and 
claim the compensation. (Comment: The donors have good reason 
to question Spiegel and Bendavid about the confiscation of 
land.  In the past, the GOI used laws such as the three-year 
rule mentioned above to declare much of the West Bank's land 
"public."  Indeed some of this "public" land is used as farm 
land by Palestinians.  Moreover, some land that has been 
"temporarily seized" has become de facto permanent GOI 
property, subject of course to changes mandated by any future 
peace deal.  Much of the land used to build by-pass roads for 
settlements, for example, was "temporarily seized."  End 
comment.) 
 
------------------------------ 
No Comment on "Depth Barriers" 
------------------------------ 
 
¶6.  (SBU)  Spiegel would not comment on specific route 
changes being considered.  In response to a question about 
secondary fences or "depth barriers," Spiegel said such 
decisions were not in his mandate and he would not comment. 
 
------- 
Comment 
------- 
 
¶7.  (SBU)  The meeting broke little new ground, but did 
provide a forum for key donors to hear directly from Spiegel 
about the work of his committee and to raise specific issues 
of concern. While several donors continue to worry that these 
exchanges suggest a legitimization of the barrier, most 
recognize the value of maintaining lines of communication. 
 
 
 
 
 
 
 
 
 
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