Fr. Jaeger: some issues with the government difficult but resolvable 17 September, 2004, VATICAN - ISRAEL - DOSSIER 23/8/04, Jerusalem (AsiaNews)

Jerusalem (AsiaNews) - Problems with visas, taxation of religious institutions, restitution of the Cenacle: Fr. David Maria Jaeger, an Israeli Franciscan, shared his views with AsiaNews, in his capacity as a jurist and expert on Church/State relations in Israel, on the central topics of an interview with Avraham Poraz, Israeli Interior Minister.

For Minister Poraz, problem with visas are "all but resolved", thanks to involvement from the Holy See which would vouch for visa applicants. But, for Fr. Jaeger, "In principle, from a juridical point of view, that of the rule of law, all norms regarding the issuance of entry visas and of residence permits must not be kept secret, but be officially published, so that applicants can refer to them in submitting their applications, in evaluating decisions and in considering any kind of recourse. It is clear, that in the middle term, the question will have to be the subject of negotiations and agreement, in accordance with the Fundamental Agreement between the Holy See and the state of Israel.

"The question has been on the bilateral permanent Commission's agenda since 1994, and it would be reasonable to presume that the Commission will deal with it in the next phase of talks."

Tax exemptions for religious institutions is another open question. The minister explained that places of worship are exempt from taxes, but not any commercial or hotel activities that may be connected to them. All such places should, in any case, pay for municipal services such as cleaning, water, etc...

"As far as is known, the Church has never demanded anything other than the recognition of vested rights; in other words, that its legal and tax conditions not worsen with respect to those under previous regimes. It is a matter of reconfirming a law that came into force in 1938, as well as legal and tax conditions that, by UN order, were to be maintained following the creation of the new state. However, just as discussions were taking place to record the contents of that law in the agreement with the Catholic Church (that is, in 2002), the Government drastically reduced the exemptions that were to be guaranteed to the Church. This was certainly not the purpose of the law, but one of its effects, which the agreement should now correct. Personally, I am optimistic about the outcome of negotiations, because I cannot imagine that, right after establishing official relations at the highest level, the Government of Israel would want to go down in the history of Church/State relations in the Holy Land for having worsened the legal and tax conditions of the Catholic Church on its national territory...It would be unthinkable, and that is why I trust the Government to conclude that it must make amends for the undesired effect of recent legislation, and that it is in the national interest to respect vested rights and the will of international institutions. Besides, the Catholic Church has never demanded any sort of exemption for purely commercial activities owned by the Church, if there are any in Israel, nor for the quantifiable consumption of utilities such as water or electricity, which are paid by everyone in proportion to actual consumption."

The minister also mentioned the return of the Cenacle and claims that the problem today "is a disagreement between Churches, on who is to take possession of it" and that the Government cannot enter into this disagreement.

"It's astonishing to hear talk of controversies between the Christian Churches," Fr. Jaeger affirms. "They have simply never existed, as far as the Franciscan Cenacle complex is concerned. Unlike the Nativity in Bethlehem and the Holy Sepulchre in Jerusalem, the Cenacle has never been "shared" or contested....its ownership was properly acquired by the sovereigns of Naples, Robert and Sancha, and, with the backing of Pope Clement VI, was donated to the Franciscan Order in 1342. The convent and sanctuary thus became the mother house of the Franciscan Custody of the Holy Land. It was the Ottoman Turks who, two centuries later, expelled the Franciscans by force. Since then, the Franciscans have always appealed for its return to their ownership, which has never belonged to any other Christian entity, whether Catholic or non-Catholic. And as far back as 1948, Israeli governments themselves have always recognized the Custody of the Holy Land as the sole official Christian interocutor for all questions regarding the Cenacle area. Thus, there has never been a controversy between Christian Churches, and there must never be one, unless someone provokes one in order to "divide and rule", as they used to say in the ancient Roman Empire."

Some progress on Israeli visa problem , Jerusalem, Sep. 17 (CWNews.com)

Jerusalem, Sep. 17 (CWNews.com) - The new head of the Franciscan Custody of the Holy Land sees "signs of change" in the Israeli government's handling of visa requests by Catholic missionaries. But "the administrative procedure is still confused," he said.

Delays in Israel's approval of visas for missionary workers have provoked sharp tensions between the Holy See and the Israeli government. Israel's interior minister Avraham Poraz was in Rome this week, meeting with Vatican officials, and promising that the visa problems were "all but resolved."

Father Pierbattista Pizzaballa told a Vatican Radio audience that missionaries working in the Holy Land had encountered "a series of difficulties with the Israeli administration" in recent years. These problems emerged suddenly and without explanation, he added, "after 50 years without any problems."

But in the past few months, the Franciscan leader said, Israeli officials have again begun to approve visa requests, although the process is moving slowly. He said that Church officials hope the process will now run smoothly, and are particularly anxious to have a clear explanation of Israeli policies.

Church officials have recognized Israel's concerns, Father Pizzaballa said, insofar as some Catholic missionaries come from "countries that have a hostile relationship with Israel." He said that Catholic officials agreed to take extra care in reviewing the status of missionaries from countries such as Syria, Jordan, and Lebanon. The Church, he said, would guarantee the conduct of missionaries, "to ensure that they will not cause any problems" to the Israeli government.

VISAS AND TAXES: WHAT'S BEHIND VATICAN-ISRAEL TALKS Interior Minister Poraz Explains His Country's Position, VATICAN CITY, SEPT. 15, 2004 (Zenit.org)

VATICAN CITY, SEPT. 15, 2004 (Zenit.org).- An Israeli official's visit to John Paul II revealed two points where the Holy See and the Mideast state differ: visas for religious, and fiscal matters involving Church institutions in Israel.

In past months, the issue of visas created serious obstacles for priests and religious aiming to carry out their ministry in Israel.

Father David Jaeger of the Franciscan Custody of the Holy Land, an expert on juridical questions, said that what disturbs him most is the "secrecy of the norms used by government personnel to grant or refuse entry or residence permits for ecclesiastical personnel."

Today, in statements on Vatican Radio, Father Jaeger said that "a state of law calls for the official publication of the norms and procedures so that all know them and can use them in their contacts with the government."

In an interview with the papal broadcasting station, Israeli Interior Minister Avraham Poraz, who visited the Pope on Tuesday, said that in his meeting with Vatican Secretary of State Cardinal Angelo Sodano, "I promised that our ministry will facilitate all the procedures in order to enable people of the clergy to come easily to the Holy Land."

"I just explained that some of the people are coming from countries that are in a situation of hostility with Israel," Poraz said.

"Unfortunately, we don't have peace with our neighbors and if people are coming from, let's say, Lebanon, Syria or Jordan, we must check them carefully," he said.

"And we also agreed that in some cases, the Vatican in Rome will recommend the people in order that [we] will be assured, convinced that there shouldn't be any problems with them," the Israeli interior minister said.

"So if we get a recommendation from Rome that they are known here to the Vatican and that the people are not a threat, it will be much easier and we'll be able to shorten all the security checks," he added.

Regard the issue of taxes, Father Jaeger said that "the Church has never enjoyed and has never asked for tax exemptions for works or commercial establishments that might belong to the Church, if they exist in Israel. This has never been a problem."

"However, for institutions of a religious or charitable nature, the Church has always benefited from tax exemptions on property. All these exemptions were consolidated by a law in 1938," the Franciscan recalled.

"However, less than two years ago, while negotiations were taking place for this law to come into force, the Israeli government modified it to reduce drastically and unilaterally the Church's historical exemptions, even before negotiating the agreement," he said.

The Israeli interior minister said his visit to Rome served to take two steps. In his contacts with Vatican representatives, "we basically agreed that those activities that are commercial, like shops, hostels, hotels ... should pay taxes like anybody else," Poraz said.

"Of course, the churches themselves, places of prayer, are exempt from any taxation. Schools don't have to pay anything," he said.

In regard to monasteries, the Israeli said, "They will have to pay for the services given by the cities, such as sewage, electricity, water, cleaning, etc., but it is not ... a tax." It is a matter of simply "covering expenses," he said.

Interior Minister Poraz believes that "it's very important to improve relations. We know the Holy See has a great interest in the Holy Land. Israel and the holy places are not like any other place. And it's our goal and duty to give all the access and to make possible full activity."

"And of course we have problems with security," he added. "For if there is a siege in Bethlehem, it will be a problem to cross over there. But my goal is to enable all the churches and all the faiths in Jerusalem to act as freely as possible."

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ISRAEL AND VATICAN WORKING OUT VISA ISSUE Interior Minister Gives Assurances Regarding Priests and Religious, VATICAN CITY, SEPT. 14, 2004 (Zenit.org)

VATICAN CITY, SEPT. 14, 2004 (Zenit.org).- Israel's interior minister gave the Holy See assurances of having given instructions for a solution to the problem of priests and religious seeking entrance visas to his country.

Interior Minister Avraham Poraz met with John Paul II today after addressing with papal aides some of the issues being negotiated by the Holy See and the Israeli government.

During the meetings, questions touched on the issuing of visas to priests and religious, and talks between the Holy See and Israel on fiscal questions of ecclesiastical institutions in that country, according to the Vatican press office.

Vatican press office director Joaquín Navarro Valls in a statement said that in regard to "the issue of entrance visas to Israel for religious personnel of the Catholic Church," the minister "gave assurances of having given the necessary instructions for a satisfactory solution."

In past months, Israeli authorities denied entry visas, in particular, to priests or religious from Arab countries. Some ecclesiastics also had problems renewing their residence visas in Israel.

Archbishop Pietro Sambi, apostolic delegate in Jerusalem, said today that "now almost all the religious personnel have received the visa."

In statements to the Italian newspaper Avvenire, Archbishop Sambi added, however, that mechanisms are necessary "to avoid being subjected to a gigantic labyrinth every year when permits must be renewed. Written norms are needed that introduce a certain automatism."

The Israeli and Vatican delegations also discussed "the progress of negotiations under way in Jerusalem for the realization of an agreement that defines the fiscal questions of ecclesiastical institutions in Israel."

The Israeli laws, confirmed by the Israeli Supreme Court, recognize the fiscal exemption of ecclesiastical properties. However, in December 2002, while negotiations were taking place between Israel and the Vatican, the government decided on a drastic reduction of this fiscal exemption.

After a year of no official contacts between the Holy See and the Israeli government, representatives of both sides met Sept. 6-9 in Jerusalem to review aspects of the application of the 1993 Fundamental Agreement.

The papal delegate said there would be more meetings between the Israeli and Vatican delegations to be able to write a final document of agreement.

Abraham Poraz was accompanied at the meeting by Oded Ben-Hur, Israel's ambassador to the Holy See, and by Paltiel Varon, an adviser, and Cesare Marjeh, director of Israel's Department for Relations with Christians.

For his part, Vatican Secretary of State Cardinal Angelo Sodano was assisted at the meeting by Archbishop Giovanni Lajolo, secretary for relations with states, and by Monsignors Franco Coppola and Joseph Murphy, both officials of the Secretariat of State.

The Israeli-Palestinian conflict was not addressed at the meeting as the Holy See already made known its position on Mideast peace during the recent visit of Israel's head of state and foreign minister to the Vatican.

Abraham Poraz is a co-founder of the Shinui Party, the second party of the government coalition.

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