Note to Mr. Pascoe

Israeli Construction on the Maghrabi Gate in the of

I refer t6 your notes of22 August and28 August 2008 on the issue of the Maghrabi Gate in the Old City of Jerusalem. As discussed earlier with your office, the Secretary-General has asked that the following steps be taken in this sequence:

1) a letter to Israeli Minister Livni bringing this issue to her attention;

2) you continue your contacts with UNESCO; and

3) a letter of reply to Jordanian Minister Al-Bashir, informing him ofthc proposed steps taken.

Vijay Nambiar fl 8 September 2008

cc. Mr. Serry Mr. Kim · .

United Nations • Nations Unies

Executive Office of the Secretary-General Cabinet du Secretaire general

To: Mr. Nambiar,

Attached are two notes from Mr. Pascoe on the issue of the Maghrebi Gate in the old city of Jerusalem following a demarche by the Jodarnian PR to the DSG (28-10076).

The first, dated 22 August, was returned to us yesterday with the SG's comments and a course of action (2 letters to Israeli FM and Jordanian PR). A second note, dated 27 August, was received today from DPA with new facts (from UNSCO and UNESCO Paris) and new recommendations. On that basis, we thought it better to hold the matter until you, Mr. Pascoe and the SG are able to consult in Turin.

Incidentally, the new course of action does not involve personal intervention by the SG at this stage, but rather makes use of UNESCO Paris and Mr. Pascoe. The Political Unit supports Pascoe's recommendations in para 5 of the second note, but believes an additional important step would be for Pascoe to ask Serry to convey back to MoFA/Jerusalem the SG's concern, his intent to keep informed of developments, and to warn against unintended consequences of any unilateral steps. He could do this on Sunday 31 August, i.e. before the formal period of objection ends on 1 September. • Nations Unies

Executive Office of the Secretary-General Cabinet du Secretaire general

Kindly let us know if you wish steps taken tomorrow (Friday) before the weekend, or whether the matter can wait till Monday.

cc: DSG KWS

. 28-10161 28-10076 08-46931 � !r?fr/ •.j. or�� ) .

Translated from THES ECRETA RY-GENERAL The Hashemite Kingdom of l_'OPY Minister for Foreign Affairs

21 August 2008

Sir,

I should like to inform you that the Hashemite Kingdom of Jordan, in keeping with its responsibilities and historical role in caring for and maintaining the Islamic holy places in Al-Quds ai-Sharif, is obliged to call attention to the practices of , the State that has occupied Palestinian territories since 1967, aimed at the of Jerusalem. Its unilateral actions, including the recent attempt to build a walkway over the Bab ai-Magharibah, which is adjacent to the compound of the Al-Aqsa Mosque, are aimed at altering the city's Islamic and Arab nature and destroying its Arab and Islamic antiquities. Those practices and actions have, of course, been strongly rejected and condemned by and .

_p�it� the determined efforts that have been and continue to be made by the United Nations Educational, Scientific and Cultural Organization (UNESCO) and, in particular, the World Heritage Committee, to stop that course of action, Israel continues to build and excavate at the site of the Bah al-Magharibah. That will lead to the creation of a new reality at the site and permanently alter its characteristics.

The Bab al-Magharibah is an Islamic site within Jerusalem and forms an integral part of the Holy City's Islamic waqf. Israel doe.£..1l.Q.Lbave any rights oyer that site. Rather, as the occupying Power, it is obliged to assist the Jerusalem Waqf Administration to exercise its right and responsibility to safeguard, maintain and repair the site. It should not engage in any act aimed at affecting the authenticity and completeness of its historical and cultural character.

The unilateral practices of Israel in the Holy City in general, and in respect of Islamic sites and waqfs in particular, violate United Nations and UNESCO resolutions on the and its holy sites. The international �-Q!Pmunity must take a firm stand in the face of those practices and bring pressure to bear on Israel to desist from its actions, in order to prevent the creation of a new reality that cannot be altered in the future.

L�_gyest ).:OU to use your good offices within the Organization, UNESCO and all other relevant organizations and associations and bring pressure to bear on the Israeli Government to stop its actions at the Bah al-Magharibah and in occupied, , in accordance with relevant international resolutions.

Accept, Sir, the assurances of my highest consideration.

(Signed) Salah Bashir Minister for Foreign Affairs

Mr. Ban Ki-moon Secretary-General of the United Nations