Detention of Palestinian Children (West Bank)

Alistair Burt Excerpts

Tuesday 7th December 2010 Westminster Hall

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

I welcome you to the Chair, Mr Gale, for the final two speeches of the debate. I congratulate my hon. Friend the Member for Ayr, Carrick and Cumnock (Sandra Osborne) on securing this debate, and I pay tribute to her long-standing and consistent advocacy of human rights in general, and the Palestinian cause in particular, during her time in the House. The same applies to my other hon. Friends who have contributed to the debate.

Over the past hour, we have heard powerful and often shocking testimonies that demonstrate the importance to the work of the House of delegations such as that sent by the Britain-Palestine all-party group to the west bank last week. It is welcome to have such an immediate and early opportunity to address the situation viewed by those who visited last week.

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)]

indicated assent.

[Stephen Twigg]

I see the Minister nodding—we have cross-party agreement on that.

This is my first opportunity to speak about the middle east since I joined the shadow Foreign Office team in October. My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow Foreign Secretary, visited Israel and the west bank last week, and met a range of Palestinian and Israeli leaders, including President Abbas and Prime Minister Fayyad. I would like to reaffirm the Labour party’s long-standing commitment to the middle east peace process and a solution based on the two states of Israel and Palestine living side by side in peace and security, with Jerusalem as a shared capital, and human rights at the heart of the process. Progress will require action by both sides, although in the context of this debate, particularly by Israel to end the expansion of settlements and the blockade of Gaza, as well as action by the Palestinians and other Arab states to fulfil their obligations under the principles of the Quartet.

I am pleased that my hon. Friend the Member for Ayr, Carrick and Cumnock focused on the plight of Palestinian children and, although I am a friend of Israel, I condemn everything that we have heard about today. That should not be difficult for a friend of Israel to do. If we are serious about the peace process, those of us who have long been friends of Israel must be clear that we are also friends of the Palestinians. I see my hon. Friend the Member for Birmingham, Northfield (Richard Burden) nodding; I know he believes that that can be achieved, provided that we stick with the absolute principles of human rights and democracy.

I deplore the methods that we have heard about in such detail today, primarily because they violate the universal principles of human rights, but also because they exacerbate tensions and undermine the prospects for peace. I pay tribute to the organisations mentioned during the debate and the brave NGOs that take up such causes. In particular, I mention Defence for Children International and the Israeli human rights organisation, B’Tselem, which does fantastic work in that field.

My hon. Friend the Member for Easington (Grahame M. Morris) mentioned night arrests, which are of particular concern especially if, as is alleged, they involve the use of physical violence. That cannot be right morally, but it must also worsen community tensions in what are already difficult and fragile circumstances. As a number of my hon. Friends have said, interrogation methods include the use of blindfolding and sleep deprivation to obtain confessions. Detainees are often presented with a confession written in Hebrew—a language that the vast majority of them do not understand. Several cases have been cited that suggest that people have signed confessions that they did not understand, which is not right or defensible. There is a lack of legal representation for detainees; many reports from international and Israeli human rights groups describe detainees not being permitted proper legal counsel throughout their interrogation. As we have heard, the majority of cases end in a confession.

Data from B’Tselem suggest that the number of detainees have been relatively constant over the recent period. At the end of October, just over a month ago, 251 minors were detained by Israeli security forces in the west bank, including east Jerusalem—my hon. Friend the Member for Ayr, Carrick and Cumnock also cited that figure. That is of great concern, but I am particularly worried about those 34 detainees who are aged between 12 and 15, and the two aged between 16 and 18 who are being held under administrative detention.

Earlier, there was an exchange with the hon. Member for Aberconwy (Guto Bebb), who is no longer in his seat, about the application of human rights conventions in the occupied territories, and the security situation. I have two observations about that. First, even if Israel argues that obligations on human rights do not apply in the case of an occupied territory, international humanitarian law is clear and should be respected. I would urge Israel to apply the conventions on human rights as well. Secondly, as has been mentioned previously, according to the convention on the rights of the child—to which Israel is a welcome signatory—a child is defined as

“every human being under the age of 18 years.”

Nevertheless, we still have the inconsistencies and discriminatory practices to which reference has been made.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)]

It is a pleasure to welcome you to the Chair, Mr Gale. I echo the congratulations to the hon. Member for Ayr, Carrick and Cumnock (Sandra Osborne) on initiating the debate. It is an object lesson in why MPs go to places—to see things at first hand and report back. A number of hon. Members mentioned that and I shall come to it later.

The human rights situation in the occupied Palestinian territories continues to cause concern and was high on the agenda of my right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs during his recent visit to Israel and the occupied territories. I hope to explain in the course of my remarks what action we are taking to raise these issues with the Israeli Government.

Before I do so, I welcome the hon. Member for Liverpool, West Derby (Stephen Twigg) to the Opposition Front Bench. It is a pleasure to see him in that position. I think that we understand each other very well and understand where we are coming from on a matter about which there is a large measure of cross-party agreement. That will be particularly useful as we work through the next few months, which will be important for the middle east peace process.

The other hon. Members who made contributions deserve to be mentioned. The hon. Member for Birmingham, Northfield (Richard Burden) has a long-standing commitment to the region that we are discussing and spoke, as always, with both passion and knowledge. The hon. Member for Easington (Grahame M. Morris) made the case for an early visit by new Members of Parliament to areas of concern that have, alas, occupied the time of the House for all the years that I have been here. He spoke movingly of his own experiences. I do not necessarily support all the allegations with which he concluded his remarks, but plainly he will make a number of serious contributions on this issue in the future.

The hon. Member for Wansbeck (Ian Lavery) spoke with understandable emotion about what he had observed. He was right to raise the issues relating to human shields, which are unacceptable. It is as unacceptable for Israeli soldiers to use them as it is for members of Hamas to use them when they position their gun emplacements and their weapons against Israel in crowded civilian areas because they know exactly what the response of the world community will be if Israel seeks to take action against them. Both are wrong, and it is correct of the Israeli authorities to recognise that and make the determination that they do, although there has been widespread concern about the punishment meted out when these injustices were overturned.

My hon. Friend the Member for Aberconwy (Guto Bebb), who has not been able to stay for the conclusion of the debate, made a series of interventions that, while never condoning ill treatment, reminded us, as the hon. Member for Liverpool, West Derby also did, that this is far from a straightforward situation. We would be naive not to recognise some of the pressures placed on children by those who seek to use them for ulterior motives. My hon. Friend was right to raise that. His remarks and those of other hon. Members emphasised again the sharp divisions on Israel and related issues in the House. The answer to that, as the hon. Member for Liverpool, West Derby made clear, is that we have to get a solution and we have to support the middle east peace process that is under way.

The only thing that will end what we have spent so much of our time discussing over the years is a settlement that is agreed on both sides. I believe that that would be very much according to the terms that the hon. Gentleman set out. It has to be a two-state solution—a secure and recognised Israel side by side with a viable Palestine; Jerusalem as a shared capital; and answers to the issues relating to refugees and resources. We are looking for that, and we urge all parties involved in negotiations to stay at it. Ultimately, it is only the removal of the sense of injustice, which lingers because there has not been a solution, that will deal with the root issues, many of which are at the heart of what we have debated today.

The hon. Gentleman, in his measured remarks, also raised issues on the Palestinian side in relation to human rights. For completeness, I should like to mention them as well. Hon. Members should be under no illusion: I shall devote the bulk of my remarks to the issues raised by the hon. Member for Ayr, Carrick and Cumnock and her report. However, for the sake of completeness, it is important to place these points on the record as well. The UK Government have very serious concerns about the human rights record of Hamas in Gaza. That includes arbitrary detention, repression of dissent, curtailment of free speech and the suppression of women’s rights, as well as the ongoing threat to Israel’s civilian population from indiscriminate rocket fire and the continued detention of Gilad Shalit without access to the Red Cross or contact with his family.

We continue to raise our concerns with the Palestinian Authority over allegations of the ill treatment of detainees by Palestinian security services. These rights are indivisible, and although, quite properly, we are spending the bulk of our time dealing with the matters raised by the hon. Lady, it is right to recognise that, as a Government and as a Parliament, our commitment to human rights is across the board.

Turning to the subject of the debate, it is important to set the issue of human rights in the west bank in context. As I mentioned, there is no doubt about the universality of human rights principles, but it important to recognise that Israel has real security concerns that need to be addressed. Following the second intifada of 2000, the number of terrorist attacks against civilian targets in Israel rose to unprecedented levels. Israel’s response increased accordingly: many arrests were made, thousands were remanded in administrative detention, movement and access in the west bank were severely restricted and construction of the barrier began. Israel has a right to impose security restrictions to protect its population. There is an argument that the barrier, for example, might be a reasonable way of doing so. However, restricting access to schools and work does nothing to improve the security situation. The barrier should be constructed on the Israeli side of the green line, and should not confiscate Palestinian land. Some of these measures may have helped to improve the security situation.

It is important to acknowledge the role played by the Palestinian Authority, with help from the international community, including the British support team and its work with General Dayton, to improve the overall security situation. Reform of the Palestinian security sector has gone a long way towards halting the ability of armed groups to act from the west bank. We welcome Israel’s corresponding improvements to movement and access in the west bank and the growth of the Palestinian economy, as seen by a successful investment conference a few months ago.

The number of Palestinians held in Israeli detention, including administrative detainees, has fallen, but all that contrasts with the human rights situation. More can be done to match the improved security situation, otherwise Israel risks undermining its own interests and increasingly drawing the attention of the spotlight of international concern. Perhaps this debate, at its simplest, suggests that Israel might protect itself differently in relation to children and to rather greater effect.

We continue to monitor the human rights situation in the west bank, including the issue of Palestinian prisoners in Israeli prisons. Where we have concerns, we raise them with the Israeli Government. We would encourage Israel to take those concerns seriously; too often we do not receive formal responses to our lobbying. When we do, the responses often fail to address our concerns in detail, pointing to the prevailing security situation—for example, demonstrations in the west bank that turn violent—and stressing that Israel strives to follow due process. We understand, but we still want answers.

On the specific issue of Palestinians in the Israeli court system, we have a number of concerns about the application of due process and the treatment of Palestinian detainees, in particular where Palestinian children are involved. Many of those concerns relate to the issues raised by the hon. Lady and Members who accompanied her on her recent visit. We are concerned about the widespread use of administrative detention which, according to international law, should be used only in the most exceptional security cases rather than as routine practice. Administrative detention should be used as a last-ditch preventive measure, not as a punitive measure and an alternative to due process.

We are concerned that Palestinian detainees are dealt with by the Israeli military court system, irrespective of the charges, whereas Israeli settlers who commit violence against Palestinians and their land are dealt with by Israel’s civil justice system. Cases heard before the military court system are frequently based on secret evidence not made available to detainees and their lawyers. As we have heard, many convictions are based on confessions, either from the defendants themselves seeking a shorter sentence under plea bargaining or from the evidence of minors facing detention. Access to lawyers is often restricted, with many lawyers unable to meet their clients until they see them in the courtroom. All prisoners should have access to a fair trial.

Palestinians from the west bank are routinely detained in prisons inside Israel or on the Israeli side of the separation barrier, meaning limited, if any, access for family members. The policy of holding Palestinian detainees and prisoners in Israel contravenes the Geneva convention’s ban on the forcible transfer and deportation of protected civilians from the occupied territory to the territory of an occupying power. Although the Geneva convention allows the evacuation of populations in circumstances where the safety of the population is under immediate threat, or for imperative military considerations, the evacuation should, if possible, be to a different location in the occupied territory and be temporary until the danger subsides or the military operation ends. We call on Israel to hold court proceedings and use prison facilities for Palestinians in the occupied Palestinian territories and with reasonable access for lawyers and family members.

Those concerns apply to child detainees as much as they do to Palestinian adults. Under international law and Israeli civilian law, a child is recognised as anyone under the age of 18. Under Israeli military law however, it is under 16. The figures that we have show that since September 2000, over 2,500 children have been arrested. At least 256 Palestinian children are being held in Israeli prisons, including 34 children under the age of 16. As is the case with adult prisoners, child detainees are often transferred to prisons located within Israel, and Palestinian child administrative detainees are held with adult administrative detainees. In most cases, their families are not informed of their arrest. We welcomed Israel’s announcement of a new juvenile court within its military judicial system. It is important that Israel has acknowledged that child detainees need to be treated differently from adults, and perhaps the consistent and persistent work of NGOs and parliamentarians is having some impact. We believe that it is even more important that that announcement now translates into changes on the ground in the treatment of minors.

We are aware of the recent reports by the Palestinian section of Defence for Children International documenting alleged abuse of Palestinian children by Israeli security forces. The Israeli human rights NGO, B’Tselem, has just produced a report detailing its investigations into the arrests of at least 81 minors in the Silwan area of occupied East Jerusalem over the past year. The Government pay tribute to those NGOs with whom we work in close co-operation on many issues. B’Tselem’s concerns include arresting children at night from their home; preventing parents from being present at interrogations; allegations of violent treatment; and the detention of four minors under the age of 12—many of the issues raised by hon. Members this morning. We are urgently investigating and will take whatever action we judge to be appropriate.

I am sure hon. Members will be pleased to hear that the middle east and north Africa conflict prevention pool has recently approved funding of £12,500 for a project run by Defence for Children International. That project aims to defend, promote and protect the rights of Palestinian children to reduce the number directly and indirectly affected by the conflict through focused themed advocacy initiatives, in accordance with the convention on the rights of the child.

Over the years, the House has resolutely defended Israel, and Israel’s right to security, and sought to understand the pressures on it. I began by putting that in context in relation to the issues raised today. That support will continue from this Government and, I have no doubt, from the hon. Member for Liverpool, West Derby and his colleagues. However, Israel needs to recognise, rather more often than it does, that criticism of its activities from friends—like the hon. Gentleman, I count myself as a long-standing friend of Israel—based on observation and evidence is designed to assist Israel with security and world opinion, which has slipped alarmingly over the years.

[Sandra Osborne]

Before the Minister concludes, will he undertake to raise these matters personally with the Israeli Prime Minister? Will the Minister take the time to visit the juvenile military court to see for himself the injustice of the situation?

[Alistair Burt]

I will come on to both those points at the end of my remarks, if I may. The hon. Lady is right to raise them.

We are neither naive nor blind to the tactics of those who would cause Israel harm, but not all questioning of Israel comes from ill-intentioned motives. The treatment of children within the power of a state, whatever provocations there may have been, is an objective issue on which judgments can be made and upon which international signatures are given. I believe that the Government, in being a friend of Israel, a friend of Palestine, a friend of the middle east, and a friend of justice is doing so by asking Israel to examine its practices further and make the same progress as is evident in other parts of its activity on the west bank.

I will fully consider the specific recommendations that the hon. Lady mentioned and which her all-party group made. We are urging the Israeli authorities to respond to the matters raised, and after my visit, which I hope will take place early next year, and once I have considered all the responses and recommendations, I will write to the hon. Lady, those who took part in the visit and those who have spoken in the debate.