Child Prisoners and Detainees: Occupied Palestinian Territories

Andy Slaughter Excerpts

Wednesday 6th January 2016 Westminster Hall

[Sarah Champion]

There are two points and I will come to some conclusions. There is a role for the British Government to work with both sides, and I accept that there are failings on both sides. However, the reason for riots when children have been arrested during the day is largely the inhumane treatment of those children. I understand why a parent would be extremely upset if their child was detained. The very fact that the Israel Defence Forces go in at night shows how hostile their behaviour is.

[Andy Slaughter (Hammersmith) (Lab)]

Does my hon. Friend agree that the context is the illegal occupation since 1967? Does she also agree that one of the most egregious elements is the difference between the treatment of Israeli children in illegal settlements and Palestinian children? Israeli children are subject to the rule of law; Palestinian children are not.

[Sarah Champion]

That is the nub of this debate and I appreciate the fact that my hon. Friend brought it forward. If there are no more interventions, I will make some headway.

UNICEF’s findings are corroborated by evidence collected by Military Court Watch, an organisation made up predominantly of lawyers working in the region, indicating that ill-treatment within the system still seems to be “widespread, systematic and institutionalized” as of last month. In spite of UK and UN intervention, the most recent evidence indicates that the majority of children continue to be arrested in terrifying night-time military raids. In the few cases when summonses are used, most are delivered by the military after midnight and much of the information is written in Hebrew.

Some 93% of children continue to be restrained with plastic ties, many painfully so, and the standard operating procedures are frequently ignored. Around 80% of children continue to be blindfolded or hooded, a practice that the UK and UNICEF reports said should be absolutely prohibited. Audiovisual recording of interrogations has been mandated only in non-security-related offences, which means that nearly 90% of cases involving children, including those accused of attending a demonstration, continue to take place without this practical safeguard.

Perhaps most disturbing is the fact that the reports of physical abuse—consisting mainly of punching, kicking, position abuse and slapping, but in some cases also including more serious allegations, such as of being mauled by dogs and receiving electric shocks—are now higher in number than they were in 2013.

As for the scale of the problem, Military Court Watch estimates that since June 1967 about 95,000 Palestinian children have been detained by the Israeli military. Of those, 59,000 are likely to have been physically abused in one way or another. That abuse is truly disturbing and is on an industrial scale. Why is it that after so much effort, so little progress has been made? Is there something inherent in the situation in Palestine that prevents genuine change? When I visited Israel and Palestine in September 2015 as part of a cross-party Council for Arab-British Understanding and Medical Aid for Palestinians delegation, it became apparent why little has changed during the three intervening years.

To understand the situation, one must think like an Israeli defence force soldier. Essentially, the Israeli military have but one mission in Palestine—to guarantee the protection of nearly 600,000 Israeli civilians living in illegal settlements in East Jerusalem and the west bank—an unenviable task for any military to be given. To achieve their mission, the military must engage in a strategy of mass intimidation and collective punishment of the Palestinian population, or risk the eviction of the settlers. That inevitably leads to fear, resentment and friction. [Interruption.]

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[Andy Slaughter (Hammersmith) (Lab)]

I will speak briefly, although I must first congratulate my hon. Friend the Member for Rotherham (Sarah Champion) on an excellent speech and on securing the debate. The number of Members in attendance—I think there are almost 50—shows the importance that is given to this issue. I am sure that we will not do justice to the number of briefings we have received. I will only refer to one, which is from Lawyers for Palestinian Human Rights. It goes beyond the many compelling individual cases that we have read about in those briefings and talks about the basic legal issues.

To return to the point I made in my intervention, paragraph 4 of that briefing says:

“There is an inextricable link between the systemic human rights violations of Palestinian children held in military detention and the overarching context of prolonged military occupation. The realisation of the right to self-determination for the Palestinian people is the optimum solution for the complete removal of ‘widespread, systematic and institutionalised’ violations against Palestinian children held in military detention.”

Now, some of my hon. Friends may think that that is rather stating the obvious, but given some of the comments today, I think it is worth putting on the record because some Members seem to be living in an Alice in Wonderland world. The speech that we have just heard is very illustrative of that point because, according to that, the blame for all that goes wrong in the occupied territories apparently lies with the Palestinian people. There is a very easy solution to that, which is to let the Palestinians govern themselves. Last year, this House voted to allow them to police themselves in that way and not to lead to this situation.

[Mr Gregory Campbell (East Londonderry) (DUP)]

Will the hon. Gentleman give way?

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[Andy Slaughter]

I will not give way, if the hon. Gentleman does not mind. I will speak for one or two minutes at most, hopefully setting a better example than the previous speaker in relation to the time limit.

I will simply make two points. The first is that the differential treatment between Israeli children in settlements—settlements that are illegal under international law, as this Government recognise—and Palestinian children is symptomatic of the apartheid regime that exists on the west bank and in the Occupied Palestinian Territories. Israeli Government Ministers are quite open now that they want annexation—they refer to the area of the west bank as Judaea and Samaria. There is no longer any pretence, and Government Members—and, indeed, Opposition Members—who seek to defend the occupation are increasingly clutching at straws in doing so.

Finally I make a plea to the Minister. His Government have a poor record on human rights. His senior Foreign Office officials have said it is no longer a priority. We have seen what they are now saying about torture and the death penalty in relation to membership of the United Nations Human Rights Council. We have seen what has happened to the ministerial code. I urge the Minister—because he is a civilised man—to look at these issues and not just to come back with platitudes today, but to address them seriously and to address this issue, which clearly concerns a large number of hon. and right hon. Members. I urge him not just to go through the motions of protesting to the Israeli authorities, but to take some action and to be very clear that Britain, internationally, will not stand for this treatment of children.

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[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Tobias Ellwood)]

It is a pleasure to see you chairing this important debate, Mr Chope. I join others in congratulating the hon. Member for Rotherham (Sarah Champion) on securing what is a well-attended debate. I absolutely agree with the hon. Lady: it is an important debate. I am sorry it is taking place here—no disrespect, Mr Chope—but such matters should be debated in the main Chamber and given more time. I am very sorry that colleagues were not able to get in; I will do my best to write to them. I apologise for not being able to answer everybody’s questions in the short time that I have. I want to allow time for the hon. Member for Rotherham to reply at the end. Forgive me again: I do not intend to take any interventions.

I want to pick up on a couple of points made by hon. Members before I respond to the points made by the hon. Member for Rotherham. First, my right hon. Friend the Member for Clwyd West (Mr Jones) made the important point that we should not forget that Israel is a democracy in a very difficult neck of the woods. We encourage and support Israel to continue to support the democratic process. We are a friend of Israel and we work with the United States to ensure it maintains high standards and the rule of law. That is very important indeed. It is very easy when a country is under pressure, as we have found ourselves—Guantanamo Bay is an example—to allow standards to slip. So it is important that we are constructively critical but supportive of Israel in the challenges that it faces.

The hon. Member for Brighton, Pavilion (Caroline Lucas)—regrettably, she is not in her place—mentioned that the EU-Israel association agreement should be suspended if Israel does not live up to its human rights obligations. The agreement could be suspended, but it provides the framework for human rights and other issues to be debated. It provides an important forum for such things to be discussed, so we would be doing ourselves a disservice if we suspended it.

I have a huge respect for the hon. Member for Hammersmith (Andy Slaughter) and how he keeps pressure on the Government in a variety of areas, including human rights. However, he is being a little disingenuous in saying that human rights is not a priority for the Government. Whatever has been said, I can assure him and all those here today that in all the countries in my portfolio—other Ministers would say the same—human rights, the rule of law, democracy, governance and freedom of speech are important matters. Where appropriate and in whichever country I visit, including Israel, where I will be going shortly, I will raise those issues.

[Andy Slaughter]

rose—

[Mr Ellwood]

I will not give way, but I would be delighted to have a cup of tea with the hon. Gentleman to discuss the issues in more detail.

The hon. Member for Rotherham made an important speech that was accurate in many respects. I welcome the initiatives and the thinking about how we can resolve matters. If she will allow me, I will give consideration to the five points that she raised and I will write to her. Again, I will be more than happy to sit down with her and discuss the issues as we take stock. A lot of the issues have legal parameters, as she will know.

The Government share Members’ concerns about the treatment of children, including Palestinian children, who are detained in Israel. Israel has a legal and moral responsibility to ensure that international standards are upheld. It is especially abhorrent to see child detainees suffering inhumane treatment, whether it is in Israel, the occupied territories, or anywhere else in the world. We are pleased that the Israeli Government have made progress on improvements, but we are pushing for further implementation of the required reforms.

Members from across the House have said that we need to put what we see in context. Co-operation is needed between the Palestinian authorities and Israel to deal with child prisoners. There is also the fundamental absence of a two-state solution, which is the cause of this problem. Members have mentioned the appalling use of children to commit acts of violence. The level of incitement is worrying, as my hon. Friend the Member for Henley (John Howell) pointed out, but that should not prevent us from encouraging Israel, working with it and being critical of it on those points, as allies and friends are able to do.

As the hon. Member for Central Ayrshire (Dr Whitford) said, it has been a long time since Oslo, Madrid, Camp David, the Wye crossing opening and so forth. It is very frustrating indeed. I agree that we seem further from a solution at the moment. We need leadership. It is very sad that individual Palestinians, who are not prompted by an intifada but have no faith in their own leadership, are going out, killing Israelis and causing mayhem on the streets of Israel in the knowledge that they will be killed. They are not scared to die. We are in a very dangerous place, which is why we call on all sides to come together and look forward to resolve these matters.

This debate is not about the middle east peace process, much as we can wander into it, nor about the occupied territories, although I agree that those issues are related to what we are discussing, so I will focus my remarks on the specific points that have been made. As has been said, in 2012 the UK funded an independent report entitled “Children in Military Custody” by leading British lawyers. Since then, Ministers and the British ambassador in Tel Aviv have spoken and written to the Israeli Justice Minister, Attorney General and military advocate general to urge Israel to take action based on the report’s findings. In February 2013, UNICEF published a report entitled “Children in Israeli Military Detention” and a progress report later that year. Those reports and lobbying by the international community have had an impact. We will continue to make this issue a focus of our engagement with Israel, and we plan to fund a follow-up visit by the delegation in February 2016 to report on further progress.

The UNICEF progress report of October 2013 noted that Israel has taken important positive steps towards addressing the recommendations in the 2012 report by updating its existing standard operating procedures and policies on the arrest of minors. Those updates include changing the policy on methods of restraint and limiting the use of blindfolds to only when there is a security need. Israel has also increased the age of majority for Palestinian children. The Israeli military committed to conducting a pilot of using written summons, instead of night-time arrests, which has now been concluded.

We welcome the steps that have been taken to date, but we continue to call for further measures, including the mandatory use of audio-visual recording of interrogations, an investigation into continued reports of the use of single-hand ties and an end to solitary confinement for children. We also challenge Israel’s classification of diverse incidents—for example, stone throwing and participating in illegal demonstrations—as national, as opposed to criminal, offences. We also said that minors should consistently have access to lawyers before interrogation, and that they should have the right to have their parents present during their detention or interrogation.

We remain concerned about Israel’s extensive use of administrative detention, which, according to international law, should be used only when security makes it absolutely necessary, rather than as a routine practice. Administrative detention should also be used only as a preventive measure and not as a punitive one. We continue to call on Israeli authorities to comply with their obligations under international law and either charge or release detainees. We regularly raise that matter and other broader concerns about the treatment of Palestinian detainees of all ages with the Israeli authorities. We have done so at Foreign Minister, Attorney General and National Security Adviser levels.

Members also mentioned the recent violence in the west bank. We very much condemn what is going on there at the moment, and we remain extremely concerned about the terrorist incidents that have resulted in a number of deaths and multiple innocent civilians wounded. We are also concerned about the use of force by Israeli security personnel in response to protests and security incidents. The Foreign Secretary and I have publicly called on both sides to restore calm and improve the situation on the ground.

I am conscious of time, so let me conclude. This is obviously an emotive issue. That much is clear from Members’ valuable contributions. I thank the hon. Member for Rotherham for enabling this debate to take place. I welcome the positive steps Israel has made in implementing some of the recommendations of the “Children in Military Custody” report, but the Government remain concerned about the treatment of Palestinian children detained in Israeli prisons. The UK has made repeated representations to Israel about the treatment of child detainees, and I assure Members that this issue will remain a focus for us. We are committed to this matter, and I will raise it when I visit Israel next month. We will remain engaged on it.