<strong>The</strong> Vatican & <strong>Jerusalem</strong><strong>The</strong> Holy See Under Benedict XVI: Losing its Moral Stance?Actually, in spite of the adoption of an official line of neutralityon the subject 173 and the fact that the Observer Mission of theHoly See to the United Nations is in any case not entitled withthe right to vote at the General Assembly, the Vatican seemedto be rather supportive of the Palestinian bid. Indeed, on theoccasion of the General Debate of the 66 th Session of theGeneral Assembly, held on 27 September 2011, the Secretaryfor Relations with States, Archbishop Dominique Mamberti,explained:President Abbas welcoming PopeBenedict XVI at his arrival in thePalestinian territories, 2009. © AFPrelations between Israelis and Palestinians. 175 Moreover, the Palestinians deplored the subjection of PopeBenedict to Tel Aviv’s pressure throughout his stay (e.g., forbidding him from visiting Gaza while makinghim meet officially with the parents of the captured Israeli soldier Gilad Shalit), as well as his complicitacceptance of the Israeli authorities’ efforts to make him appear as approving of the Israeli occupationof <strong>Jerusalem</strong>. During a reception held in his honor upon his arrival in Israel, the Pontiff indeed agreed tostand between the Israeli President and Prime Minister to listen to “<strong>Jerusalem</strong> of Gold,” a song that waspopularized by soldiers during the 1967 conquest of East <strong>Jerusalem</strong> and whose lyrics describe an emptyand neglected city before the arrival of Jews. Furthermore, during an official meeting with the mayor ofoccupied <strong>Jerusalem</strong>, Nir Barkat, the Pope failed to rectify the latter’s presentation of the city as the “capitalof Israel and the Jewish people.” 176<strong>The</strong> Holy See considers this initiative in the perspective of the attempts to find a definitive solution,with the support of the international community. […] <strong>The</strong> Holy See is convinced that, if one wantspeace, one must be able to adopt courageous decisions. It is necessary that the competent organs ofthe United Nations make a decision that helps to get underway effectively the final objective, namely,the realizations of the right of Palestinians to have their own independent and sovereign State, andthe right of the Israelis to security, both States being provided with borders that are recognizedinternationally. 174<strong>The</strong>se public declarations did not, however, make up for thedeepening gap between the Holy See and the Palestinians sincethe election of Benedict XVI at the Head of the CatholicChurch. In fact, the very visit of the Pope in 2009, made atthe invitation of the Israeli president Shimon Peres, had beenseen by many Palestinians as a political act that legitimized theextreme right-wing government of Benjamin Netanyahu. Onthat occasion, even the Pope’s words of support for the plightof the Palestinians had seemed to carefully avoid irritating TelPope Benedict XVI visiting the Aidarefugee camp, Bethlehem, 2009.© MaanImagesAviv: he imprecisely blamed the Palestinian suffering on “the turmoil that has afflicted this land fordecades,” he seemed to justify the limitations on Palestinians’ freedom of movements on Israel’s “serioussecurity concerns,” and he attributed the construction of the wall around Bethlehem to the “stalemate” in173 Kerr, David. “Vatican Remains Neutral on Palestinian UN Membership Bid,” Catholic News Agency, 19 September 2011.http://www.catholicnewsagency.com/news/vatican-remains-neutral-on-palestinian-un-membership-bid/.174 “Address by His Excellency Archbishop Dominique Mamberti, Secretary for Relations with States of the Holy See at theGeneral debate of the 66 th Session of the General Assembly of the United Nations (New York, 21-24 and 26-30 September2011).” http://www.holyseemission.org/statements/statement.aspx?id=325 (French); http://www.holyseemission.org/statements/statement.aspx?id=337 (excerpts in English).<strong>The</strong> discontent provoked by the Pope’s visit added to the growing dissatisfaction of the Palestinian leaderswith regard to the position adopted by the Holy See in its negotiations with the two parties of theconflict. First, the bilateral talks aimed at regulating the presence and activity of the Catholic Church in thePalestinian Territories were the source of rising tensions between the two sides. After almost a decade-longinterruption caused by the outbreak of the Second Intifada and the turmoil of Palestinian national politicsfollowing the death of Yasser Arafat and the victory of Hamas in the 2006 legislative elections, the PLO-Holy See negotiations were resumed in 2010 after Pope Benedict met with President Abbas during hispilgrimage. In December of that year, the Holy See and the PLO negotiators established a working groupto draft a comprehensive agreement, which was meant to provide concrete details for the implementationof the Basic Agreement signed in 2000, including principles for guaranteeing Church rights and religiousfreedom in territories administered by the Palestinian Authority. However, although at the time the ChiefPalestinian Negotiator, Dr. Saeb Erekat, had described the relations with the Vatican as “fantastic,” 177 thesituation deteriorated rapidly as the two negotiating partners stumbled on an issue of major importancefor the Palestinians: the political dimension to be given to the agreement. On the one hand, all the requestsexpressed by the Vatican to protect its interests and activities were received favorably by the Palestinians,who adhered totally to the need to improve the well-being of Christian communities and safeguard theirpresence in Palestine. Besides, the Holy See could also be satisfied by the fact that the PLO’s positionon <strong>Jerusalem</strong> was fairly convergent with that which it had itself traditionally defended. Not only did thePLO officially reiterate on several occasions that it was “committed to respecting freedom of worshipat, and access to, religious sites within East <strong>Jerusalem</strong> for everyone,” 178 it also envisioned, after the end ofthe Israeli occupation and the recognition of the Palestinian state, “all possible measures […] to protect175 Cook, op. cit.176 Ibidem.177 Press Release of the Palestine Liberation Organization, Negotiations Affairs Department: “President Abbas: ‘We join theSynod in their call to uphold the values of freedom, dignity and justice by ending the Israeli occupation,’” 24 October 2010.http://www.intertech.ps/nad/etemplate.php?id=238.178 Website of the PLO Negotiations Affairs Department (NAD). http://www.nad-plo.org/etemplate.php?id=59&more=1#4(checked for the last time on 1 July 2012).56 57
<strong>The</strong> Vatican & <strong>Jerusalem</strong>such sites and preserve their dignity,” not excluding the provision ofinternational guarantees. On the other hand, however, the Holy Seerejected the request of the Palestinian negotiators that any accordshould be incorporated in a clear political frame which explicitlystated the rights of the Palestinians to a state within the borders of1967 and East <strong>Jerusalem</strong> as their capital, instead submitting a draftwhose preamble merely limited itself to a reference to the 2000 BasicAgreement. On 28 January 2012, the two delegations, led respectivelyby Msgr. Ettore Balestrero, the Vatican undersecretary for Relationswith States, and Ziad al-Bandak, the Palestinian presidential adviserfor Christian relations, met again in the office of the PalestinianPresident. But while the official communiqué stated that “the talkstook place in a positive atmosphere to strengthen further the specialrelations between the two sides,” 179 in reality the discussions hadcome to a dead end. While the Vatican’s negotiators did accept theprinciples of statehood and self-determination, they refused tomention explicitly the borders of 1967 and East <strong>Jerusalem</strong> as capitalof a future Palestinian state. <strong>The</strong>y also opposed any mention in thepreamble of the status of the Palestinian territories as occupied landunder international law, and rejected any call to upgrade the HolyPope Benedict XVI welcomed by IsraeliPrime Minister Netanyahu and IsraeliPresident Peres, Tel Aviv, 2009. © SipaPope Benedict XVI listening to theMayor of <strong>Jerusalem</strong>, Nir Barkat,<strong>Jerusalem</strong>, 2009. © APSee’s diplomatic relations with the Palestinian National Authority or to publicly recognize it as a state. Instead,the officials of the Catholic Church considered the PLO’s insistence on political issues to be a mistake, andreiterated their refusal to be involved in political issues between Israelis and Palestinians.<strong>The</strong> Draft Economic Agreement between the Holy See and Israel<strong>The</strong> Holy See Under Benedict XVI: Losing its Moral Stance?Further to the Holy See’s refusal to abandon the mere declaratory level and to make a concrete gesturethat would support the political claims of the Palestinian people, new developments occurred recently inthe negotiations between the Holy See and the state of Israel which dramatically strained relations withthe Palestinians. On 10 June 2012, prior to a meeting of the Bilateral Permanent Working Commission inVatican City, a report published by the Israeli newspaper Haaretz revealed that the draft of the economicagreement under discussion failed to make a clear distinction between Israel proper and the occupiedPalestinian territories. 180 <strong>The</strong> alleged leaked draft, 181 meant to regulate the legal and financial status ofthe activities and properties of the Church in Israel, either did not define precisely the borders of theIsraeli state and the exact location of the discussed sites, or even contained provisions that acceptedthe application of Israel’s domestic legislation to Church institutions located specifically in occupiedPalestinian territories, without further mention of the status of these areas under international law. Inparticular, the draft contained in an annex the so-called ‘Schedule One,’ the list of individual propertiesbelonging to the Holy See and to certain institutions of the Catholic Church that were under discussionwith the Israelis, and which included sites and lands situated in the occupied Palestinian territories andthe annexed part of <strong>Jerusalem</strong>. <strong>The</strong> leakage of the document elicited strong reactions of reprobationfrom Palestinian officials, with the PLO issuing an official communiqué which defined the draft agreementas the Vatican’s indirect recognition of Israel’s illegal “exercise of powers and authorities in the occupiedPalestinian territories.” 182 In the statement, the Fatah Commissioner for Foreign Relations and member ofthe Palestinian negotiations team with the Holy See, Dr. Nabil Shaath, urged the Vatican to “reaffirm itshistoric position in favor of the Palestinian people’s inalienable rights in line with international law andrelevant United Nations resolutions.” 183 He detailed the Palestinians’ grievances in these terms:We trust that the Holy See will clarify the situation and affirm that it will uphold its legal andmoral responsibility, as a High Contracting Party to the Fourth Geneva Convention, and ensurethat any agreement upholds the Holy See’s position affirming the Palestinian people’s right to selfdeterminationand independence on the Territory Israel occupied in 1967, including East <strong>Jerusalem</strong>.[…] <strong>The</strong> Holy See is part of the international consensus that recognizes the Palestinian Territory,179 “ Holy See and PLO meet in Ramallah,” Vatican Radio, 29 January 2012. http://www.radiovaticana.org/EN1/articolo.asp?c=558584.180 Hass, Amira. “Palestinians: Vatican Set to Indirectly Recognize Annexation of East Jerusale,m” Haaretz, 10 June 12. http://www.haaretz.com/news/diplomacy-defense/palestinians-vatican-set-to-indirectly-recognize-annexation-of-east-jerusalem.premium-1.435558.181 Bilateral Permanent Working Commission between the Holy See and the State of Israel, “Single Document for <strong>The</strong> OrdinaryMeeting of 25 January 2012. Agreement between the Holy See and the State of Israel Pursuant to Art. 10 § 2 of the FundamentalAgreement Between the Holy See and the State of Israel (Also Referred to as the ‘Economic Agreement’).” Leakeddocument.182 “Parties Say Israel-Vatican Accord Accepts Occupation,” Ma’an News Agency, 11 June 2012. http://www.maannews.net/eng/ViewDetails.aspx?ID=494341.183 “Shomali: Israel-Vatican Agreement is Not Political, Doesn’t Threaten Palestinians,” Palestine News Network (PNN), 11June 2012. http://english.pnn.ps/index.php/national/1887-shomali-israel-vatican-agreement-is-not-political-doesnt-threatpalestinians.58 59