Palestinian Children and Israeli Military Detention

Fabian Hamilton Excerpts

Wednesday 7th February 2018 Westminster Hall

[Fabian Hamilton (Leeds North East) (Lab)]

We have had a passionate and wide-ranging debate on an issue that affects children. I congratulate my hon. Friend the Member for Rotherham (Sarah Champion) on securing it. She started her speech with an important statement when she said that she was not making a judgment on the alleged crimes that a Palestinian child may have committed, or on Israel’s right to act to uphold the law. This debate has been about the way that children have been treated by a democracy that is widely respected around the world as open, democratic, and subject to the rule of law.

My hon. Friend said that half a decade after the UNICEF and UK lawyers’ report was published, there has been limited implementation of its recommendations by the authorities, which I am sure we all agree is regrettable. She mentioned that there is another fundamental legal right that Palestinian children arrested by the Israeli authorities do not have: timely access to legal representation, which we would all agree is an important aspect of the rule of law in any nation. She also said it is both extraordinary and disconcerting that Israel’s military court system has a conviction rate of 95%, according to its own figures. We must then question whether justice really is being done.

My hon. Friend urged the Minister—I add my voice and that of Labour—that, as a bare minimum of protection, no child, whether in Israel, Palestine or anywhere else in the world, should be subjected to physical or psychological violence, blindfolded or painfully restrained, or subjected to coercive force or threats. That should be universal. I hope that Israel, above all countries in the world, would adhere to that.

We have heard powerful contributions from many right hon. and hon. Members, including the hon. Member for Henley (John Howell). My hon. Friend the Member for Birmingham, Northfield (Richard Burden) has a strong record in upholding the cause of a Palestinian state living side by side with the state of Israel. He asked the Minister to press for a review of the recommendations of the 2012 report, and I hope the right hon. Gentleman can offer us something on that.

The hon. Member for Aberdeen South (Ross Thomson) said that we must criticise the Palestinian Authority if we criticise Israel on its treatment of children. Yes, of course we must, because this is universal. This is not just about Israel; it is about every country in the world that supposes itself to uphold the rule of law upholding the rights of the child, too. My hon. Friend the Member for Blackburn (Kate Hollern) made a good speech, as did the hon. and learned Member for Edinburgh South West (Joanna Cherry). The hon. Member for Brigg and Goole (Andrew Percy) pointed to the context in which Israel operates its military courts and mentioned child soldiers. I suggest to him that the way in which children are treated by Israel in the Palestinian territories is rather different from the recruitment of child soldiers in parts of Africa we have seen in recent decades.

My right hon. Friend the Member for Enfield North (Joan Ryan) rightly talked about the detention and trial of a child being a tragedy wherever it takes place, and she compared the situation in the occupied territories with that in Iran and Saudi Arabia. We have had debates in this Chamber on human rights and especially the rights of the child in Iran. The hon. Member for Hendon (Dr Offord) knows a great deal about the subject, and my hon. Friend the Member for Sheffield Central (Paul Blomfield) set out the tragic case of Ahed Tamimi, who he met in Nabi Saleh, her own village. He made clear the context in which her arrest took place, which to me and others seemed a gross overreaction to her behaviour.

My hon. Friend the Member for Liverpool, Riverside (Mrs Ellman) always makes a rational contribution to any debate on Israel and Palestine. She pointed out that 30% of terror attacks on Israelis are carried out by Palestinians under 18, and that the Palestinian authorities incite hatred against Israelis and Jews. Finally, my hon. Friend the Member for Battersea (Marsha De Cordova) made a powerful contribution.

I will be as brief as possible because we want to hear from the Minister, but from the official Opposition’s point of view, as in any debate on issues relating to Israel and Palestine, it is important to think about the context in which these children find themselves. I ask the Minister and hon. Members to consider this question: how much has changed since my hon. Friend the Member for Rotherham introduced her first debate on this issue in December 2016 in Westminster Hall? Have things got better, or have they got worse?

We have heard about the 50 years of occupation of the Palestinian territories and the increasing expansion of settlements that are illegal under international law. We heard that there is no plausible ongoing peace process, and of course we know about Donald Trump’s attempts to help the situation as he sees it by recognising Jerusalem as the capital of Israel, which has sparked the resurgence of tensions all over the region—not just in the occupied territories and Palestinian areas but in Jordan and other countries. There have also been cuts by the United States to United Nations Relief and Works Agency funding, which has jeopardised the schooling and healthcare of Palestinian refugees all across the middle east, including around 500,000 children who are being educated in UNRWA schools.

The prospect of a two-state solution, which I am sure every Member in the Chamber supports, seems to be increasingly far off. As hon. Members will know, the Labour party has a strong policy of recognising the state of Palestine as an attempt to help the process of a two-state solution. Back in November, when I visited the region with the shadow Foreign Secretary, my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry), we met Israeli and Palestinian politicians, who are struggling to engage with young people in the area. A generation is being badly let down by their own leaders.

Members have reflected on the numerous problems in the system that allow child prisoners to be kept. My hon. Friend the Member for Hammersmith (Andy Slaughter) was with us when we met children in the occupied territories last November. He referred to arrests, which are often made late at night, and often in Hebrew, which is traumatic for the families concerned. There is a disparity in the treatment of Israeli and Palestinian children in the way in which evidence is collected, and many other disparities between the treatment of settler children, who are Israelis under Israeli law, and Palestinian children, who are treated under military law.

Finally—I want to give the Minister enough time to respond to the many questions—there is a long-term problem in the increases in hostility between the Israel defence forces and Palestinian children under 18 years old. When I was in Qalandiya in November with the shadow Foreign Secretary, we heard first hand from a 14-year-old girl who had been arrested for posting critical comments on Facebook, having witnessed her brother’s arrest in the middle of the night. Those children are the future leaders of a Palestinian state. What future awaits people on both sides if they grow up to fear and despise their Israeli peers for the treatment they received? Following the 2012 report, will the Government commit to make funding available for another report? What progress has been made since 2016 to press the Israelis to allow those lawyers to make a return visit?

[Graham Stringer (in the Chair)]

Before I call the Minister, the proposer of the motion has waived her right to reply, so the Minister has until 4 o’clock.