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CONTACT: James Lafferty, 323.653.4510


Jen Nessel, 212.614.6449, jnessel@ccljustice.org
David Lerner, Riptide Communications, 212.260.5000

*** MEDIA ADVISORY***

Descendants to File Protest with United Nations over Israeli


Plans to Build on 12th Century Muslim Cemetery
Simon Wiesenthal Center Intends "Museum of Tolerance" for Site Despite
Desecration

Press Conferences in Los Angeles, Jerusalem and Geneva


February 8,2010, Los Angeles, New York, Jerusalem, Geneva - This Wednesday, February 10, patties.
involved with defending a 12thCentury Muslim cemetery from desecration by Israeli authorities and
developers will bring their case to the United Nations and hold press conferences in Los Angeles,
Geneva and Jerusalem. The filing will take place in Geneva; the cemetery, Maman Allah, is in
Jerusalem; and the Simon Wiesenthal Center, which has plans to build a Museum of Tolerance on the
site, is based in Los Angeles. The Center for Constitutional Rights in New York is representing
descendants, including 60 signatories from 15 of the oldest Jerusalem families with ancestors going
back to the 12th century .

. This will be the first known time Palestinian individuals have taken collective action against Israel to
bring such an issue before a UN forum and comes after all remedies in Israel were exhausted. The
families, NGO's and attorneys argue thedesecration of the cemetery violates international conventions
protecting cultural heritage, the manifestation of religious beliefs, and the right to family. The plan to
build a Museum of Tolerance over the remains of important Muslim figures and men, women and
children buried there over the course of more than eight hundred years has faced widespread
opposition from Muslim, Christian and Jewish personalities in Israel, Palestine and around the world.
Frank Gehry, the original architect for the museum, has withdrawn his designs and his participation in
the project.

LOS ANGELES PRESS CONFERENCE DETAILS:

WHEN: 10:30 AM., Wednesday, February 10, 2010


I
WHERE: Simon Wiesenthal Museum of Tolerance, 9786 West Pico Blvd., Los Angeles, CA 90035

WHO: Attorney _laria LaHood, Jew York-based Center for Constitutional Rights; attomey
Leonard Weinglass New York-based civil rights attorney; Los Angeles Rabbi Leonard Beerman;*
Los Angeles Rabbi Steven Jacobs; Stanley Sheinbaum, long-time L.A. Jewish civic leaoer and -
former President of the L.A. Police Commission; Hussam Ayloush, Executive Director, Southem
Califomia C.A.I.R..; Shakeel Syed, Executive Director, Southem Califomia Shura Council; Pasadena-
based Rev. George Regas founder and President of the Regas Institute; and James Lafferty,
Executive Director of the ational Lawyers Guild in Los Angeles and the host of this press
conference.

(The following persons, and others, will be appearing at either the press conference in Geneva or
Jerusalem: Professor Georges Abi Saab Honorary Professor of International Law at the Graduate
Institute ofInternational and Development Studies, Geneva, Switzerland.

Mr. Patrice Mugny, Administrati e Counselor, Department of Culture, City of Geneva, Switzerland

Ms. Rania Madi, Geneva Coordinator BADIL Resource Center, Ramallah, Palestine.

Ms. Yael Lerner, Publisher, Al-Andalus Publishing House, Tel-Aviv, Israel.)

For more information on locations and times, contact David Lerner at Riptide Communications,
212.2-60.5000.

The Center for Constitutional Rights is dedicated to-advancing and protecting the rights guaranteed by
the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by
attomeys who represented civil rights movements in the South, CCR is a non-profit legal and
educational organization committed to the creative use of law as a positive force for social change.
V isit www .c{~rjustii.X~.Org.

###
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CONTACT: James Lafferty, 323.653.4510


Jen Nessel, 212.614.6449, jnessel@ccrjustice.org
David Lerner, Riptide Communications, 212.260.5000

Descendants File Protest with United Nations over Israeli


Plans to Build on 12th Century Muslim Cemetery
Simon Wiesentltal Center Intends "Museum of Tolerance" for Site Despite
Desecration
February 10, 2010, Los Angeles, New York, Jerusalem, Geneva - Today, parties defending a 1ih
Century Muslim cemetery and holy site from desecration by Israeli authorities and a U.S. developer
brought their case to the United Nations and held press conferences in Geneva, Jerusalem and Los
Angeles. The filing of the "Petition for Urgent Action on Human Rights Violations by Israel:
Desecration of Ma'man Allab (Mamilla) Muslim Cemetery in the Holy City of Jerusalem," took
place in Geneva; the cemetery, Maman Allah (also known as Mamilla), is in Jerusalem; and the
Simon Wiesenthal Center, which has plans to build a Museum of Tolerance on the site, is based in Los
Angeles. The Center for Constitutional Rights in New York is representing descendants, including
60 signatories from 15 of the oldest Jerusalem families with ancestors going back to the 12th century.
The Petition may be consulted at www.mamillacampaign.org.

Said Stanley Sheinbaum, Jewish leader in Los Angeles and former President of the Los Angeles
Police Commission, "In regard to the proposed construction of a new Simon Wiesenthal Center on the ;
ancient Mamilla Cemetery, I would with great respect for both Palestinians and Israelis suggest that
Israeli governmental authorities seek out an alternative building site upon which to build the Museum
of Tolerance. It seems to me that to desecrate hundreds of human remains on this sacred burial site in
order to build a center dedicated to tolerance is particularly ironic."

"The callous disregard for the most basic values of tolerance involved in building this museum in the
most ancient and revered Muslim cemetery in Jerusalem is not just an affront by the Simon Wiesenthal
Center to the many Jerusalemites whose families, like my own, have had ancestors buried there for
many centuries," said Rashid Khalidi, Edward Said Professor of Arab Studies Department of History
at Columbia University in New York. "It is also a blatant violation of the ethical, moral and legal
.responsibilities of the Israeli government, which itself repeatedly protested the desecration of ancient
Jewish cemeteries in Jerusalem between 1948 and 1967."
The construction project has resulted in the disinterment and disposal of hundreds of graves and human
remains, the whereabouts of which are currently unknown. Frank Gehry, the original architect for the
museum, has withdrawn his designs and his participation in the project.

This will be the first known time Palestinian individuals have taken collective action against Israel to
bring such an issue before a UN forum and comes after all remedies in Israel were exhausted. The
families, NGO's and attorneys argue the desecration of the cemetery violates international conventions
protecting cultural heritage, the manifestation of religious beliefs, and the right to family.

Said Maria LaHood, Center for Constitutional Rights Senior Attorney, "Left with no recourse in
Israel, families of people buried in Mamilla cemetery have come together to petition the United
Nations to safeguard their international human rights to be free from discrimination, to manifest
religious beliefs, and to have their cultural heritage protected. We call on the international community
to denounce this shameful desecration of a historic Muslim cemetery in Jerusalem."

The plan to build a "Center for Human Dignity - Museum of Tolerance" on the remains of important
Muslim figures and men, women and children buried there over the course of a thousand years has
faced widespread opposition from Muslim, Christian and Jewish personalities in Israel, Palestine and
around the world. Nonetheless, the Israeli Supreme Court has ruled in favor of construction of the
Museum, and the Israeli government has refused to halt the disinterment of human remains and the
destruction of the ancient cemetery.

The Center for Constitutional Rights and others are petitioning the United Nations Special Rapporteurs
on Freedom of Religion and Belief and on Contemporary Forms of Racism; the Independent Expert on
Culture; the High Commissioner for Human Rights; and the Director General of UNESCO on behalf
of Palestinian families whose ancestors are buried in the cemetery. The parties are asking these
international bodies to act urgently to demand that the government of Israel halt further construction. of .
the "Center for Human Dignity - Museum of Tolerance" on the Mamilla Cemetery site, investigate
human rights violations, document and reveal to petitioners the whereabouts of all human remains and
artifacts, recover and rebury all human remains where they were originally found in coordination with
the proper Muslim authorities, and declare the Mamilla Cemetery an antiquity to be preserved and
protected.

The Mamilla Cemetery has been a Muslim burial ground and holy site since as early as the 7th century,
when companions of the Prophet Muhammad were reputedly buried there. In addition, numerous Sufi '
saints and thousands of other officials, scholars, notables, and Jerusalemite families have been buried
in the cemetery over the last 1000 years. The Muslim' Supreme Council declared the cemetery an
historical site in 1927, and the British Mandate authorities pronounced it an antiquities site in 1944. It
was an active burial ground until 1948, when the new State ofIsrael seized the western part of
Jerusalem and the cemetery fell under Israeli control.

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by
the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by
attorneys who represented civil rights movements in the South, CCR is a non-profit legal and
educational organization committed to the creative use of law as a positive force for social change.
Visit www.ccrjustice.org.

###
Erasing the Past International
Human
The Destruction of an Ancient Muslim Rights
Cemetery in Jerusalem

What is the Mamilla The Center for Constitutional Rights (CCR) and other
groups have filed a petition on behalf of the
Cemetery? Palestinian descendants of those buried in the cemetery.
The petition, which was filed with several international
The Mamilla Cemetery is an ancient Muslim burial
bodies, urges Israel to: halt construction of the museum;
ground and holy site believed to date back to the 7th
investigate human rights violations; rebury human remains;
century, when companions of the Prophet Muhammad
and declare the Mamilla Cemetery a protected antiqui-
were reputedly buried there. Numerous saints of the Sufi
ties site.
faith and thousands of other officials, scholars, notables
and Jerusalemite families have been buried in the ceme-
tery over the last 1000 years. The Muslim Supreme
Why is the Mamilla Cemetery
Council declared the cemetery an historical site in 1927, Important?
and the British Mandate authorities pronounced it an an-
tiquities site in 1944. It was an active burial ground until The importance of the Mamilla cemetery to Muslims is
1948. well-known to Israel. In 1948, the year control of the
cemetery was taken over by Israel, the Israeli Religious
Affairs Ministry recognized Mamilla "to be one of the
most prominent Muslim cemeteries, where seventy thou-.
sand Muslim warriors of [Saladin's] armies are interred
along with many Muslim scholars. Israel will always know
to protect and respect this site."l, As recently as 1986, in
response to an investigation by the United Nations Edu-
cation, Scientific and Cultural Organization (UNESCO)
regarding Israel's development projects on Mamilla, the
Israeli government stated that "no project exists for the
deconsecration of the site and that on the contrary the
site and its tombs are to be safeguarded."2 Despite these
reassurances and the cemetery's inclusion in a Israeli
Antiquities Authority list of "Special Antiquities Sites," Israel
The ancient burial ground with the museum site in the far background.
in fact destroyed a large section of the cemetery during
Photo Credit: Michael Ratner
the period in which the statement was made.
After the new State of Israel seized the western part of
Jerusalem in 1948, the cemetery fell under Israeli control,
and like other Islamic endowment properties, or waqf, the The Destruction of the
Mamilla Cemetery was taken over by the Custodian for
Cemetery
Absentee Property. Since then, Muslim authorities have
not been allowed to maintain the cemetery.
Despite officially recognizing its importance, Israel has
steadily encroached on the Mamilla Cemetery with the
What is the IICenter for Human erection of buildings, parks and even parking lots. The
Dignity-Museum of construction of the "Center for Human Dignity - Museum
of Tolerance" is only the latest such development project.
Tolerance"? Israel and the SWC have attempted to justify this devel-
opment by claiming that the cemetery is no longer sancti-
The Israeli government and the Simon Wiesenthal Center
fied, based on a 1964 proclamation by a Shari' a or
(SWC) are currently building the "Center for Human Dig-
Islamic law judge who lacked legitimacy in the Muslim
nity- Museum of Tolerance" on a portion of the Mamilla
community. The President of the Shcri'c Court of Appeals
Cemetery. This construction project has resulted in the
in Israel has since deemed this ruling to be void, and af-
disinterment of hundreds of graves, and the whereabouts
firmed that the sanctity of cemeteries is eternal in Islam.
of the countless human remains that have been disposed
of are unknown. Israel and the SWC plan to continue the
erection of the museum atop thousands of more graves.

666 Broadway, 7th Floor, New York, NY 1001 2 21 2-614·6464 www.ccrjustice.org


All developments on the grounds of the Mamilla Ceme- What Legal Remedies Are
tery have resulted in its desecration and the undignified
disinterment of graves, human remains and other impor-
Available?
tant artifacts. Palestinians have consistently opposed the
destruction and desecration of the cemetery, through le- Israel has an obligation to respect and protect the holy
gal petitions to Israeli bodies and other actions, without sites of its minority religious and ethnic populations, includ-
success. According to Gideon Suleimani, Chief Israeli ing Mamilla cemetery, under international law, United
Archaeologist assigned by the Israeli Antiquities Authority Nations resolutions and under its own domestic law.
to lead the excavation of the museum site, over 400 Despite Israel's legal obligations, the Israeli Supreme
graves containing human remains were exhumed or ex- Court ruled in favor of construction of the museum and the
posed during his partial excavation of the site. Suleimani government has refused to halt the disinterment of bodies
estimated that there are four layers of graves, many dat- and the destruction of the ancient cemetery. For this rea-
ing from the 12thcentury, with at least 2000 graves re- son, the petitioners have decided to bring this issue to the
maining under the Museum site. Several hundred more international community with the aid of human rights or-
human remains were disinterred during other phases of ganizations such as CCR. The petition has been filed with
preparation of the site. the UN. Special Rapporteurs on Freedom of Religion
and Belief and on Contemporary Forms of Racism; the
Independent Expert on Culture; the High Commissioner
Can International Laws Protect for Human Rights; and the Director General of UNESCO.
The petitioners are urging these bodies to demand that
Mamilla Cemetery? the Government of Israel: halt further construction of the
"Center for Human Dignity-Museum ofTolerance" on
Israel is violating numerous international human rights the Mamilla Cemetery site; document and reveal to peti- .
laws by permitting the construction of the "Center for Hu- tioners the whereabouts of all human remains and arti-
man Dignity- Museum of Tolerance" on Mamilla Ceme- facts; recover and rebury all human remains where they
tery. were originally found in coordination with the proper
Muslim authorities; and declare the Mamilla Cemetery
The museum's construction constitutes violations of the an antiquity to be preserved and protected.
human rights of all Palestinians and Muslims, whose for-
bears are buried in the cemetery, and the human rights of
the innumerable Palestinians from Jerusalem whose direct
ancestors are buried there. The desecration of this ancient
and historically important cemetery also violates the rights
of people of many faiths and cultures who believe that
sites like Mamilla Cemetery belong to the international
community's heritage and should be protected and pre-
served. The right to protect cultural heritage and prop- Notes
1 See Akivo Eldor,Israel Prize loureole opposes Museum 01 Tolerance,
erty; to freedom from discrimination; to freedom of relig- HA'ARETZ, Dec. 31, 2008, available 01 http://haaretz.cam/hasen/
ion and belief; and the right to culture and family are all spages/1 051 047.html.
internationally protected human rights.
2 UNESCO 125 EX/15, 17 July 1986, Addendum 1, at 7.
Rabbi Steven B. Jacobs
Founder, Progressive Faith Foundation

818.917.9691
rabbi steven bjacobs@gmail.com

Rabbi Emeritus, Temple Kol Tikvah


21234 Mulholland Dr.• Woodland Hills, California 91364

!-Iussam Ayloush, I-1.B.A


Executive Director
hayloush@cair.com

Council on American-Islamic Relations


Greater Los Angeles Area Chapter
2180 W. Crescent Avenue, Suite F
Anaheim, CA 92801
Tel 714.776.1847. Fax 714.776.8340 ca.cair.com

~~--------------------------------

ShakeelSyed
Executive Director

2115 W. Crescent Ave


Suite 261
Anaheim, CA 92801

Tel: (714) 239-6473


Fax: (714) 239-6493

Email: shakeel@shuracouncil.org
Website: www.shuracouncil.org

~~~
~~~~
Islamic Shura Council

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