Politics Security Economics Planning Ethics Legality Correct Procedure Public Opinion Human Feelings Government Decisions Conclusion Email PM B. Netanyahu

On January 26, 1997, PM Benjamin Netanyahu wrote us the following: "In reaching a decision on the construction of the new Har Homa neighborhood, all the implications and circumstances will be taken into account." Now the time is right to draw up an interim balance sheet.

1. 14 countries have twice condemned Israel in the UN Security Council.
2. 130 countries have condemned Israel in the UN General Assembly.
3. The Islamic Convention has condemned Israel.
4. The Arab League has condemned Israel.
5. The Jerusalem Conference headed by King Hassan has condemned Israel.
6. Oman, Egypt, Jordan, Tunisia, Morocco and other countries have condemned Israel.
7. Har Homa has never been a part of the city of Jerusalem.
8. The status of East Jerusalem is considered in the Camp David Agreement.
9. The Security Council and the General Assembly have passed resolutions, overruling the acts of expropriation in East Jerusalem.
10. The Oslo Agreement contains a provision that the status of East Jerusalem will be determined in the permanent-settlement negotiations with the Palestinians.
11. In March 1977, the government made a decision not to expropriate land.
12. In May 1995, the government made a decision not to expropriate land.
13. The Har Homa plan will necessitate further expropriation of Arab land.

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1. Even before construction starts, the site is being guarded by 2,000 members of the police and the army (as of March 28, 1997).
2. A report produced by Israel's security services states that there are strong grounds for expecting riots and terrorist incidents, if the government builds this neighborhood. This report to the government has been described by the Minister of Justice as shocking.

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1. An $ 800 million debit for compensation, and the construction of infrastructure and public buildings.
2. A $ 400 million loss, if the offer of the landowners to transfer all profits from the project to a fund for advancing peace in the Middle East and supporting humanitarian causes, is rejected.
3. Amounts corresponding to the factors noted in Planning and Legality (c), (d) must be added to the above.
4. In addition, there will be a negative effect on tourism and foreign investments.

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1. Our company's plan to build apartments designed for the handicapped has been rejected.
2. Our company's plan to entirely eliminate road accidents in the neighborhood has been rejected.
3. Approval has been given to the government plan. According to this plan, sewage produced by the neighborhood's population of 35,000 will be pumped up 250 m by three pumps, one of which will be located in the schools and kindergartens area. A stroke of genius! Where are the environmentalists?
4. The approved government scheme will necessitate further expropriation of Arab land.
5. The government's $1.5 billion project was approved by three members of the committee in a quarter of an hour, this involving illegal acts (brought out in Supreme Court Case 6517/96). They did not consider the alternative plan submitted.
6. An expert has given the approved government plan a rating of 2,000 points, in comparison to the plan of our company, which received 10,000 points.

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1. This action is contrary to Jewish ethics, as exemplified in the story of Naboth's Vineyard (1 Kings 21).
2. While allocating state land to kibbutzim and moshavim, the government is here refusing to allow landowners to develop their land.
3. While giving entrepreneurs the right to acquire state land and draw up plans for its utilization, the government prevents land owners building on their land, in accordance with completed plans.
4. While nationalizing the Har Homa area, the government is privatizing real estate companies it owns.
5. While encouraging capital investments, the government is nationalizing a life-time project. Who will invest in a country, in which the government nationalizes a life-time project, in order to give it to others, after work has been invested in it over a period of 25 years?
6. While allowing construction of 13 dunams of occupied land in Ras El-Amud, on the grounds that it is private land, the government is preventing construction on 1,500 dunams of private land in Har Homa.
7. In Israel, property is being confiscated, while in Eastern Europe, property confiscated before WWII is now being returned.

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1. It is contrary to Par. 3 in the Basic Law: Rights and Freedom of Man.
2. In Supreme Case 3956/92, it was laid down that: "In considering the petitioner's request to revoke the expropriation, the Minister of Finance must give weight to the fact that we are concerned with prejudicing a right associated with the property, and with 'respecting this right'. This means that, if it is proved that it is possible to build the residential neighborhood - a public need- without expropriation, it would be desirable to revoke the expropriation, even if, at the time the minister made his decision, he thought otherwise."
3. In Case 3956/92, the Supreme Court decided that, under certain conditions, the expropriation of Har Homa would be invalidated. Our company agrees to comply with these conditions. Binyamin Ben Eleizer, who was then the Minister of Construction and Housing, found a pretext to ignore the Supreme Court's ruling that the owners could build luxury apartments, and without the minister bothering to look at our company's plans.
4. The government argued that it is not possible to build a neighborhood on the 563 dunams belonging to Makor. However, it is obvious to everyone that a neighborhood can be built even on a much smaller area (like most of the neighborhoods in Jerusalem region).
5. The government has caused the agreement, signed between our company and the Jerusalem Development Authority to build the neighborhood, to be violated.

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1. The government disaster plan was approved, at a time when a court order forbidding this act was in effect (see Supreme Court Case 6517/96).
2. Agreements have been signed with architects, engineers and surveyors, without publishing public tenders.
3. An agreement has been signed with an earth-work contractor, without publishing a public tender.
4. The ultra-orthodox have already started to sell apartments on Har Homa. The circumstances in which the neighborhood was promised to him, and how this was done before the court cases were completed, are yet to be revealed.

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An opinion poll conducted by Dr. Rachel Yisraeli of Machon Michsuv on February 22, 1997, found that 92% of Jewish adults in Israel consider that the government should permit the private owners to undertake the building.

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An attempt has been made to prevent us from creating a memorial to a woman soldier killed in a road accident while on duty in the IDF. In the drawing up of our plan for the neighborhood, the utmost care was taken to ensure the greatest possible road safety, as noted in the Planning Section.

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• To allow the operation of the Dahanya airfield.
• To hand over more areas in Region C.
• To invest $50 million in infrastructure in East Jerusalem.
• To build 400 apartments in Zur Bahar.
• To build 3,000 apartments for Arabs in other areas of East Jerusalem.
• Create a "Har Homa B" neighborhood for Arabs, which will necessitate the expropriation of further land areas from the Arabs. Another stroke of genius!

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1. It is clear that, when the decision to build a new neighborhood on expropriated land on Har Homa was made, ALL the implications and circumstances were NOT taken into account, in particular those detailed above.
2. The question is not to build or not to build. The question is should the owners build, or should the government take the land from the owners and give it to others? Government-instituted construction on Har Homa does nor contribute anything to Israel's position in East Jerusalem - in fact the contrary is the case.
3. The government has done practically everything to placate the Palestinians, except the correct thing: make a decision to cancel the expropriation on Har Homa, remove its security forces, stop the emergency deployment of troops, stop wasting public money, and allow the owners - Jews and Arabs - to build on their land.
4. The security services have given their opinion on what will happen if construction is started on Har Homa. No minister has checked it out: What would happen, if the owners - Jews and Arabs - build, with the accord of the Palestinians and in line with world opinion? The Prime Minister and the ministers will not, at some future date, be able to come out of this matter with clean hands, because not one of them have asked the security services the right question, and have not checked out the alternative that the owners - Jews and Arabs - will build the neighborhood.
5. This is a life-time project which the government is attempting to squash, with no justification. The attitude of the Prime Minister should be exactly the same as it would be, were someone attempting to destroy a memorial project for Yoni Netanyahu.
6. If the neighborhood is built by the owners, it will restore respect for the right of ownership, produce savings in the national budget, improve Israel's image in the world, and promote economic prosperity, peace and security.
7. If this neighborhood is built on expropriated land, in accordance with the government plan, despite all disadvantages detailed above, it will impose penance on many generations, the sad fact being recorded in history that it was done when the premiership was held by Binyamin Netanyahu, an architect by profession, and graduate of business affairs. We therefore address this impassioned, last-minute plea to the Prime Minister and ministers, to take ALL the implications and circumstances into account, in accordance with human rights and statehood principles.

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More about the violation of private property rights in Israel on our facts page. See our Har Homa project drawings and read about the peace park we planned to build at the site. Read the UN resolutions on the Har Homa issue and track the media reports from around the world. You may also email your opinion regarding the Har Homa issue to PM Benjamin Netanyahu. The crisis can still be resolved - read our compromise solution proposal. It was presented to the world leaders. Read our letters and send your opinion to these honorable people.