Palestinian Children and Israeli Military Detention

Afzal Khan Excerpts

Wednesday 7th February 2018 Westminster Hall

[Sarah Champion]

I completely agree. That is what I want to focus on: we are talking about children. Regardless of the crime that they have or have not committed, they should still be treated with dignity and within the constraints of the law.

The arrest process and interrogation methods referred to by Dr Carmon were described in great detail in the UK and the UNICEF reports. It is deeply disturbing that two years after the release of the UNICEF report that concluded that ill treatment appears to be “widespread, systematic and institutionalised”, the UN agency issued an update that found

“reports of alleged ill-treatment of children during arrest, transfer, interrogation and detention have not significantly decreased in 2013 and 2014.”

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank my hon. Friend for securing this debate. In the light of what she says, would it not be appropriate for our Government to demand an independent inquiry from the Israeli Government into what is going on? That would help everyone.

[Sarah Champion]

The reality is that we are not in a position to demand. The purpose of this debate is to reach out a hand of friendship and to offer the skills and expertise that we have in this country on this topic, to work in partnership with Israel.

Although UNICEF is yet to release any further updates, reports issued by the US State Department, Military Court Watch and others indicate that the situation today remains substantially unchanged. It is worth recalling that the UK report noted that if the process of arrest and interrogation is occurring to a significant extent as described, Israel would be in breach of the absolute prohibition on torture and other cruel, inhuman or degrading treatment or punishment.

As a bare minimum of protection, I urge the Minister to make representations to ensure that no child is subjected to physical or psychological violence, no child is blindfolded or painfully restrained, and no child is subject to coercive forces and threats. Any statement made as a result of torture or ill treatment must be excluded from evidence in proceedings. I ask the Minister to make inquiries to UNICEF about when the agency will release its next update, and to commend it on the important work it has done.

Two years ago, in a debate on the same subject, I referred to Israel’s policy of transferring Palestinian detainees—adults and children—from the west bank to prisons located in Israel, in violation of article 76 of the fourth Geneva convention. International law classes this activity as a war crime. In UK domestic law, the Geneva Conventions Act 1957 and the International Criminal Court Act 2001 class this activity as a war crime. The latest data released by the Israeli prison service indicates that in 2017, 83% of adult detainees and 61% of child detainees were transferred and detained unlawfully. This practice affects approximately 7,000 individuals each year and it has continued for 50 years. Strikingly, however, Israeli military authorities informed UNICEF in late 2014 that they have no intention of changing this policy.

That rejection undermines the credibility of the international legal order, and therefore harms the security of us all. I have been to Ofer military court and spoken to parents. Because of the restrictions on movement and the requirement of permits to visit their children in Israel, some parents never get to see their children in prison. The unlawful transfer and detention of children in Israel is not just a legal issue but one of basic humanity. Has the Minister or anyone in his Department had any conversations that would shed light on Israel’s decision to explicitly reject the specific UNICEF recommendation? What further steps does he intend to take to encourage Israel to meet its international legal obligations on the transfer of prisoners out of occupied territory? Can the Minister ascertain how many UK citizens are currently involved, directly or indirectly, with the unlawful transfer and detention of Palestinian prisoners outside the occupied territory? What measures will he take in respect of those individuals in accordance with the law?

By now I am sure everyone is aware of the case of Ahed Tamimi, a now 17-year-old girl from the west bank village of Nabi Saleh. In December, she was arrested in the middle of the night after being filmed confronting and slapping Israeli soldiers in her village following the shooting of her 14-year-old cousin. Like all Palestinian female prisoners, Ahed has been transferred to a prison in Israel. The case is polarising: on the one hand, there are those calling for her immediate release; on the other, Israel’s minister for education calls for the military courts to impose a life sentence.

It is important that we all recall that Ahed is just one of more than 800 children arrested each year, according to the most recent data released by the military authorities. Most of these children are arrested in the middle of the night, frequently brutalised and systematically denied their legal rights. We need these children and their parents to have faith and confidence in a political solution and in due regard for the law. History has taught us that if politics and the law fail to meet the needs of the people, people turn to other solutions. The treatment of Palestinian children during arrest and detention is an issue that has been allowed to fester for too long and needs resolving. It concerns us all, because when Israel—our friend and a democratic state—breaks international law and obligations, it makes it that much harder to enforce them in respect of other countries around the world. Israel’s decisions have a global impact.

Two years have elapsed since the Minister’s predecessor explained to me and other MPs in this Chamber that the Government would fund the UK lawyers’ return to Israel to review progress on the implementation of their report recommendations. Allowing the UK lawyers to enter into constructive technical dialogue with their Israeli counterparts, where they can share the UK’s good practice, should expedite the implementation of the practical reforms that are urgently required to protect Palestinian children.

Enslavement of Black Africans (Libya)

Afzal Khan Excerpts

Monday 18th December 2017 Westminster Hall

[Eleanor Smith (Wolverhampton South West) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Walker. I want to thank the hon. Member for Sutton and Cheam (Paul Scully) for introducing the debate and the 265,272 members of the public who signed the petition, who include 663 people from my constituency.

I was disturbed to see in November’s CNN footage that two black men were being sold as slaves—I could not believe that that was happening in this day and age, in the 21st century. As black descendants of slaves, we thought that that had been abolished. The footage showed a detention centre where rescued and escaped slaves were staying, and a young man explained his story. I am aware that the Minister has raised concerns with the Libyan Government about the human rights situation in Libya, but how can we be sure that the Libyan Government will do something about it given that they are struggling to establish their own authority?

[Afzal Khan (Manchester, Gorton) (Lab)]

I have been listening to the debate, and I thank the hon. Member for Sutton and Cheam (Paul Scully) for introducing it. What we have seen is shocking and horrific. At the heart of it is what is happening in Libya. Where we are now is due to poor planning. Does my hon. Friend agree that the Minister needs to do a lot more to help stabilise the situation in Libya? In our various institutions we have a lot of expertise—and we have a special duty, in the light of the role we have played in Libya being where it is.

The other issue is that our friends in the middle east are playing around with their rivalries, and innocent people are paying the price. Again, we should be using our influence to tell them to stop playing rivalry games in Libya. We need to see more stability in Libya and to stop what is happening.

[Eleanor Smith]

I totally agree. That was not in my speech, so I am glad my hon. Friend added it.

Although the Prime Minister has made tackling modern slavery a foreign policy priority, my question to the Government is: how will they actively tackle human trafficking and modern day slavery in Libya?

Oman, UAE and Iran

Afzal Khan Excerpts

Monday 11th December 2017 Commons Chamber

[Boris Johnson]

We have repeatedly stated the importance of getting humanitarian aid into the country, and of allowing humanitarian aid workers to get on with their jobs. As for the observance of international humanitarian law, I said in an earlier answer that we already have the most scrupulous procedures in place of any country in the world.

[Afzal Khan (Manchester, Gorton) (Lab)]

I also thank the Foreign Secretary for his statement to the House. We have seen protests in this country and throughout the Muslim world against the statement that President Donald Trump made. What discussions has the Foreign Secretary had with these countries on taking forward the process between Israel and Palestine?

[Boris Johnson]

Both the Prime Minister and I have made it clear that we do not agree with what President Trump said about Jerusalem. We do not agree with his decision to recognise Jerusalem as the capital of Israel, and we do not agree with his decision to move the US embassy to Jerusalem. What the Prime Minister said was welcomed in the region. I found a wide measure of knowledge and appreciation of the UK’s position. We want to encourage our American friends to come forward with the long-awaited plans, which have been gestating, for the middle east peace process. That is the symmetry that the world wants to see from the Trump Administration. In the context of this recognition of Jerusalem, now is the time to bring forth those plans and to do something symmetrical to advance the middle east peace process.

Palestinian Communities: Israeli Demolitions

Afzal Khan Excerpts

Wednesday 6th December 2017 Westminster Hall

[Mark Pritchard (in the Chair)]

Order.

[Afzal Khan (Manchester, Gorton) (Lab)]

May I congratulate my hon. Friend on securing this debate and thank him for making such powerful points? In December 2017, a Palestinian reflecting on the 100 years since the Balfour declaration will find that only half the deal has been done and that the Palestinians have got nothing. There have been millions of refugees over a period longer than any other relating to refugees all over the world. Palestinians cannot access their land because it has been taken systematically and there have been demolitions and planning restrictions. On top of that, Donald Trump has declared, illegally, that Jerusalem is Israel’s capital. The situation for Palestinians must be awful and dark. What hope do they really have?

[Stephen Kinnock]

I agree that the situation looks bleak. The question is: how can we ensure that the next generations of young Israelis and Palestinians see any merit in supporting the rule of law and democracy and believe in peace with the other side? With the wall, the demolitions, the continuing land grab, the forced displacement and the isolation of Gaza, both sides seem to be further away from peace and security than ever before.

In my opening remarks I mentioned that this year is the 25th anniversary of Oslo, but there is another anniversary that we must recall, which is that 2017 marks the centenary of the Balfour declaration. One hundred years on from Balfour, I urge every hon. Member of this House to recall the particular responsibility that our country bears for what has come to pass. With that in mind, I would implore us all to revisit the historic significance of the declaration’s words, which acclaimed that

“the establishment in Palestine of a national home for the Jewish people...it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.”

Oral Answers to Questions

Afzal Khan Excerpts

Tuesday 21st November 2017 Commons Chamber

[Faisal Rashid (Warrington South) (Lab)]

6. What steps he is taking to promote human rights in discussions with his counterparts in other countries.

[Afzal Khan (Manchester, Gorton) (Lab)]

11. What steps he is taking to promote human rights in discussions with his counterparts in other countries.

[The Minister for Africa (Rory Stewart)]

We defend human rights in a variety of ways. That involves not only funding human rights advocates and training judges and the police, but ourselves as Ministers raising directly with heads of states and our opposite numbers human rights issues across the world and across the continents.

[Rory Stewart]

We continue to raise very strongly with the Egyptian Government our concerns about these issues. The hon. Gentleman is absolutely right to raise them. There are some very troubling issues in Egypt. We continue to study them and we raise them with our US and EU partners all the way—[Interruption.] As the Foreign Secretary says, he raised it directly with President Sisi at his last meeting.

[Afzal Khan]

Similar to the horrors that we witnessed last year in eastern Aleppo in Syria, today we are confronted with the brutal siege of eastern Ghouta by the Assad regime. What action will the Government take to protect civilians and to ensure compliance by reasonable actors with the human rights obligations, most particularly the Assad regime and its regime backers?

The Rohingya and the Myanmar Government

Afzal Khan Excerpts

Tuesday 17th October 2017 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

May I begin by conveying to the House the extensive number of responses that I have received from my constituents and others about the persecution of the Rohingya in Myanmar? I have been contacted by people involved in fundraising efforts and grassroots protests, which provide an outlet for their outrage and dismay. Like many hon. Members who have spoken, I have done whatever I can to provide support, particularly by raising funds for refugees in Bangladesh, but we can all do more.

Let us be direct: what we are witnessing is ethnic cleansing. More than half the Rohingya population has fled. Starvation is a new tool that is being used to drive the Rohingya from their homes, in addition to the burning of villages, looting, and the mass use of gang rape, including of young girls and pregnant women. The recent violence is the result of decades of persecution.

I would like to make three short points. First, we should not restrict our criticism to the Burmese military. Aung San Suu Kyi has been a symbol of democracy, the rule of law, and resistance to oppressive regimes for decades, but she has disappointed us all. Not only has she failed to speak out, but she has denied that this is happening. I agree with many of my hon. Friends who have asked for her Nobel prize to be revoked. Supporting freedom and democracy in Myanmar is a laudable aim, but it means nothing if we ignore ethnic cleansing.

Secondly, the Government need to spell out what concrete action they will take to end the persecution of the Rohingya beyond ending the training of Burmese armed forces. At a recent Security Council meeting, the UK’s ambassador to the UN set out five ways in which the Myanmar Government should resolve the crisis. What steps have the Government taken to encourage them to comply? We should look at what economic sanctions the global community could exert to put further pressure on Myanmar and end the violence.

Finally, I would like to raise the issue of sexual violence. The coalition Government drew international headlines with the global summit to end sexual violence in conflict that they arranged in 2014. In response to a written question that I submitted, the Government said that they had urged Myanmar to accept a visit by a Human Rights Council fact-finding mission to investigate allegations of sexual violence. That mission was announced months ago—in March. What additional pressure have the UK Government exerted on Myanmar in response to the recent escalation of violence in Rakhine? We cannot afford accusations of peddling empty words; these issues are too serious to be cheapened by rhetoric.

Violence in Rakhine State

Afzal Khan Excerpts

Tuesday 5th September 2017 Commons Chamber

[Mark Field]

Yes, I am obviously keen to see on the ground what is happening throughout Burma and also Bangladesh, which is a country I know well. I should perhaps point out that the Minister of State, Department for International Development, my right hon. Friend the Member for North East Bedfordshire (Alistair Burt), is the Minister with DFID responsibilities in this regard. He visited only a matter of a few weeks ago and saw what was happening before the latest outbreak of inter-communal ethnic violence. He has been confident that there has been a positive flow of DFID money for a whole range of different projects, both in Bangladesh and in Burma. A lot of the DFID money that is spent, and will continue to be spent, in that regard is on much broader infrastructure and other projects that are going to make life better for all Burmese. That is not for one minute to say that we should not be focusing attention now on some humanitarian aid, but there is a huge amount of aid that this country can rightly be proud of in that part of the world that is making life better, and will do so for all citizens, for the decades to come.

[Afzal Khan (Manchester, Gorton) (Lab)]

Despite the extensive support— economic, cultural and political—that we have given to the Myanmar Government, we are now seeing that the Rohingya community is in danger of genocide. Does the Minister agree that we need to ask that Government for three things? First, the Government security forces need to be brought under control. Secondly, the aid organisations need to have free access there. Thirdly, the key thing is that the Rohingya need to be recognised as full citizens of Burma.

[Mark Field]

The hon. Gentleman’s comments will be passed on; they will be heard not just here but in Rangoon. We are making representations at a diplomatic level. It is difficult, given the political situation there, to make demands, in the way that he perhaps suggests, about the role or otherwise of the military, or indeed any demands about Rohingya citizenship. However, he can rest assured that the concerns addressed to this House today will be made very clear.