Human Rights Protections: Palestinians

Andy McDonald Excerpts

Thursday 20th April 2023 Commons Chamber

[John Howell (Henley) (Con)]

For me—like many people in this House, I suspect—human rights are universal and indivisible. That is why I want to start by telling Members a little about the relationship of Israel and Palestine to the Council of Europe, which owns, as it were, the European Court of Human Rights.

At the institutional level, the Israeli Knesset has enjoyed observer status with the Parliamentary Assembly since 1957, and the Union of Local Authorities in Israel was granted observer status with the Congress of Local and Regional Authorities of the Council of Europe in 1994. Israel has signed and ratified 11 Council of Europe conventions and signed but not ratified a further two. Israel participates in four partial agreements and 18 inter- governmental committees.

With respect to high-level meetings, the secretary-general of the Council of Europe paid a couple of official visits to Israel, and the President of the Knesset has paid similar visits to the Council of Europe. We at the Council of Europe have just completed a study on Israel and Palestine, which was led by the former Mayor of Turin, Piero Fassino, who has taken a strong stand on this issue.

The Palestinian National Council was granted partner for democracy status with the Parliamentary Assembly in October 2011. The Association of Palestinian Local Authorities was granted observer status with the Congress of Local and Regional Authorities in 2005. I mention those things not as an example just to show that we are linked with Palestine and Israel, but because the Council of Europe looks after the convention on human rights. Israel signed and ratified the convention in 1986. I personally put a lot of effort into using that link with Israel to establish a firm place where we can not just talk about human rights, but actually get Israel to do something about human rights, and I think that is important. It would help us enormously if the Palestinians would accept the same approach to human rights in their own territory and deal with those human rights themselves. We cannot have one side following one rule and another side following a completely different rule—they both have to fulfil the same conditions.

I want to concentrate somewhat on how Hamas and the Palestinians do not protect Palestinian rights. The first place to start with that is LGBT matters. Tel Aviv Pride, as the House will have seen, is the largest LGBT pride festival in the middle east and Asia. Israel welcomes people no matter how they choose to identify. It is not the same in Gaza, where people in LGBT communities fear for their lives, and where same-sex couples are so afraid that they will be condemned that they do not bring themselves forward. We need to protect that fundamental human right of the Palestinians, and we need to put pressure on the Palestinians to be able to do that. The more we can do that, the more it will influence our ability to put pressure on Israel in other areas.

A second issue is freedom of journalism and freedom of expression. We have some very good examples of how the Palestinians have gone out of their way to systematically torture those in detention. I am not aware of anyone in Israel systematically torturing people in detention, but if we can put pressure on the Palestinians to bring forward measures to curb the instincts to have a go at Palestinian journalists, it will help us enormously in resolving the human rights issues in the region.

[Andy McDonald (Middlesbrough) (Lab)]

The hon. Gentleman talks about torture. He may not be aware that Palestinian children are often deported into solitary confinement, where they spend hour after hour. If that is not torture, I do not know what is. They emerge from those situations with Stockholm syndrome. Perhaps he will reflect on that in his comments.

[John Howell]

I am aware of that, but that is completely different from how Fatah security forces in Hebron dispersed a peaceful protest against the rising cost of living. That protest was not against political things, but domestic things. Those security forces detained the organisers. What the hon. Gentleman talks about is also completely different from the security forces banning the Palestinian People’s Congress, an umbrella organisation of activists and politicians calling for reform of the Palestine Liberation Organisation.

A third area where there is great difficulty on both sides and where we need to do more to push forward human rights is freedom of women and gender differentiation. Neither side has signed the Istanbul convention, and Israel has said that it is not going to sign the Istanbul convention at the moment. I think that is such a shame, because it is a landmark piece of international treaty work that protects women from domestic violence. In the Palestinian territories, there is plenty of domestic violence against women, and women suffer severe inequality under Hamas rule and have no protection against domestic violence. If they have been raped, they are seen as tainted and can be subjected to honour killings if that is known.

The final point I will mention is the death penalty. Israel at the moment has a ban on the death penalty, in compliance with its signing and ratification of the convention on human rights. The Palestinians do not have a ban on the death penalty. I know there has been considerable talk in Israel about restoring the death penalty, and I absolutely deplore that. I have told the Israeli authorities that I deplore it and that they should not do it. We should have parity on both sides to move away from the use of the death penalty, as a fundamental part of helping to establish human rights on both sides.

When we look at the Palestinian situation, there is quite a lot to have a go at in order to protect human rights. If we can get its human rights system working properly, it will help enormously in our negotiations with the Israeli side.

--- Later in debate ---

[Andy McDonald (Middlesbrough) (Lab)]

I too congratulate the hon. Member for Dundee West (Chris Law) on securing this debate and on his eloquent and thoughtful speech.

Since the formation of the far-right Israeli Government at the end of last year, we have seen opposition spilling out across civil society in the region, and it has continued to escalate as Israeli Ministers pursue their very frightening agenda. Last month it came to a head and we saw tens of thousands of people protesting not only on the streets of Israel, but in Germany and the UK, as they voiced their opposition to Benjamin Netanyahu’s plans to override the Israeli judiciary. Of course, that move on Netanyahu’s part is central to his attempt to avoid being put on trial for corruption. Although he has put those plans on pause for the moment, that has come at the price of concessions to his coalition partners.

First, there is National Security Minister Ben-Gvir, who just 15 years ago was convicted of inciting racism and supporting a terrorist organization. It appears that Netanyahu is set to hand Ben-Gvir control over his personal militia as part of a deal over putting the judicial overhauls on pause—a truly terrifying prospect that will see many Palestinian lives put in danger.

Then there is Finance Minister Smotrich, who describes himself as a “fascist homophobe” and only recently said that

“there is no such thing as the Palestinian people”.

This is the same man who called for the Palestinian village of Huwara to be wiped out, following what an IDF spokesperson called a “pogrom” at the hands of illegal settlers and some Israeli soldiers. Smotrich has been given powers over the west bank, transferring authority away from the Israeli Defence Ministry to Israeli civilian control.

Human rights groups consider that the latest example of the irreversible entrenchment of the occupation of Palestine as de facto annexation by the Israelis becoming de jure. Occupied territory is supposed to be under temporary military control, but this temporary occupation has now endured for more than half a century and is the root cause of all the violence that we witness day in, day out across the territory. Not only is it morally indefensible, but the imposition of Israeli civilian control over settlers and Palestinians in the west bank is illegal under international law. We heard the Minister say earlier that he was totally at one with the need for adherence to international law.

The Israeli newspaper Haaretz has concluded:

“In light of the fact that there is no intention of granting civil rights to the millions of Palestinians living in the West Bank, the result of the agreement is a formal, full-fledged apartheid regime.”

That is the direction in which the Israeli Government are moving, and they will not stop unless they face robust consequences. Yet for all the demonstrations against Netanyahu’s Government, only certain parts of the opposition are joining the dots between the attacks on Israel’s democratic structures and the broader ideology that denies democracy to millions of Palestinians, whose lives are under the control of the occupying Israeli regime and who are being subjected to gross human rights abuses.

For Palestinians, that far-right Government are no different from the Government who came before them. In fact, 2022 was the deadliest year for Palestinians in decades: hundreds were killed at the hands of Israeli soldiers and illegal settlers in the West Bank, including dozens of children. Yesterday, I met representatives of Defence for Children International Palestine. Ayed Abu Eqtaish, the director of its accountability programme, told me that Netanyahu’s far-right Government are really nothing new for the Palestinian people who live under the brutality of Israel’s illegal occupation.

Israel automatically and systematically prosecutes children in military courts that lack fundamental fair trial rights and protections. Between 500 and 700 Palestinian children are tried in military courts each year, and around 150 children are currently in detention. Of those 150 children, 11 are being held by the Israeli military in administrative detention—a relic of the British mandate that is a form of detention without charge or trial. Children can be held indefinitely, and some have even been locked up for more than a year.

The way in which Palestinian children are detained by Israeli forces is horrific. About one in four are placed in solitary confinement for interrogation purposes. On average, a Palestinian child placed in solitary confinement will be isolated for 15 days. In at least one case, a child was isolated for around 40 days. As DCIP says, that is no way to treat a child. It is no way to treat any human being. I hope to hear from the Minister an outright condemnation of such inhumane and unjust practices. For far too long, the UK Government’s approach has failed to discourage the Israeli regime from inflicting such abuses.

First, it is high time that Ministers looked at the more impactful options available to them to bring an end to those practices. That could begin today if the Minister had the courage to do the right thing and recognise the state of Palestine with immediate effect. Secondly, he could abide by international law and impose economic sanctions to bring an end to Israel’s illegal settlements in occupied Palestine. Thirdly, he could revoke the Government’s statement on the investigation of Israeli war crimes by the International Criminal Court. Finally, he could heed the calls of the Palestinian people by pushing for an international peacekeeping mission in the region to ensure that there are human rights protections for Palestinians.

I look forward to hearing what the Minister has to say, but we need more than strong words; we need actions from our Government, and we need them now.