Child Prisoners and Detainees: Occupied Palestinian Territories

Debate between Christopher Chope and Diana Johnson

Wednesday 6th January 2016 Westminster Hall

[Diana Johnson]

I want to come on to deal with the point that the hon. Gentleman has just made. I think that every Member—[Interruption.]

[Mr Christopher Chope (in the Chair)]

Order. Up until now we have had mutual respect, and I think that should continue.

[Diana Johnson]

I think that every Member of this House would agree that the involvement of children in conflict is absolutely wrong. Before I go on to deal with some of the specific issues around the Israeli response to Palestinian child prisoners, I want to refer to the 2005 assertion from Amnesty International:

“Palestinian armed groups have repeatedly shown total disregard for the most fundamental human rights, notably the right to life, by deliberately targeting Israeli civilians and by using Palestinian children in armed attacks. Children are susceptible to recruitment by manipulation or may be driven to join armed groups for a variety of reasons, including a desire to avenge relatives or friends killed by the Israeli army.”

Moving on to the issue before us today—the treatment of child prisoners—in 2012 the Government convened a group of eminent lawyers with expertise in human rights and child welfare to investigate what was going on. I commend the Government for doing that and I commend all the lawyers involved, including my right hon. and learned Friend the Baroness Scotland. The report concluded that Israel’s treatment of Palestinian child prisoners amounted to a series of breaches of the rights of the child, including article 2 on discrimination and article 3 on the child’s best interests. More concerning still, the lawyers encountered significant evidence that Israel may be in breach of the general prohibition on cruel, inhuman or degrading treatment.

The following year, in March 2013, UNICEF released a report, “Children in Israeli Military Detention”, which prompted the UN Committee on the Rights of the Child to express,

“its deepest concern about the reported practice of torture and ill-treatment of Palestinian children arrested, prosecuted and detained by the military and the police, and about the State party’s failure to end these practices in spite of repeated concerns expressed by treaty bodies, special procedures mandate holders and United Nations agencies”.

UNICEF made 38 recommendations to improve the treatment of child detainees. Many of these overlapped with the 40 recommendations from the UK legal delegation, which covered the five clear areas of arrest, interrogation, bail hearings, sentencing and the investigation of complaints. Those were all important recommendations. In response, there have been a few welcome military orders issued by the IDF, including military order 1711, which reduces the time a Palestinian child can be detained prior to appearing before a military court judge, and military order 1745, which requires interrogations to be conducted in a language the child can understand, and to be recorded. However, this order does not apply if a child is suspected of committing a security offence such as throwing stones, and that is of concern.

A 2014 UNICEF working group on grave violations against children gathered 208 statements from detained children and found that, among other things, 171 reported being subject to physical violence and 144 reported being subject to verbal abuse. Of the 38 recommendations made by UNICEF in March 2013, only five were deemed to have been addressed by March 2015, although 15 were partially addressed and 14 were under discussion. It is important to note that Israel has rejected only one recommendation outright. The British Government need to do much more to hold the Israeli Government to account in terms of what they are doing to meet the recommendations that have been made.

In a recent answer to my hon. Friend the Member for Hammersmith (Andy Slaughter), it looked as though there was little tangible progress in implementing the recommendations that have been set out. Nor can I say there is much evidence that the Government are prioritising the issue. Although I welcome the efforts of our ambassador in Tel Aviv to raise the issue, I think Ministers can do far more. In conclusion—