Child Prisoners and Detainees: Occupied Palestinian Territories

Philippa Whitford Excerpts

Wednesday 6th January 2016 Westminster Hall

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The sheer number of people who have come to the debate and tried to speak shows the importance of this issue. I have to declare an interest, which many people are aware of, as I spent a considerable time in Gaza and Lebanon working as a surgeon. Like the hon. Member for Twickenham (Dr Mathias), I experienced these things well over 20 years ago. I was working in Gaza when the Oslo agreement started, and look where we are 23 years on: absolutely nowhere. For many people living in Gaza or the west bank, things are worse. When I was out there in 2010, I was shocked by the sheer scale of settlements. Members have talked about how the context is incitement, but there is no requirement to incite the Palestinian children, because they are completely surrounded by the issue all the time. We are talking about huge towns and housing estates flowing over the hills. One only has to look at the map on the front of the briefing from the House of Commons Library to see how little territory within the west bank is under the control of the Palestinian Authority. It is by far the minority. The industrial annexation of the west bank is the underlying problem, and we have allowed the issue to go down the agenda.

[Ian Austin]

Will the hon. Lady give way?

[Dr Whitford]

No, I will not, because I am trying to leave time for a wind-up speech at the end.

We have allowed ourselves not to try to solve the problem. We are talking about how children are treated. I totally accept the point that the hon. Member for Brigg and Goole (Andrew Percy) made; the Israelis must try these children in a military court—that is a requirement, otherwise they would be seen as annexing the west bank—but it is about the way that the children are treated. They are arrested by the military, held and interrogated and taken to a military court. There is no requirement for a military court to treat the children badly.

[Andrew Percy]

One point we have heard repeated today is about people not having access to legal representation or parents, but will the hon. Lady accept, because it is a fact, that the situation is the same in the domestic law in Israel on minors? Similarly, many of the standard operating procedures that apply in the west bank have been copied over from the domestic law in Israel. Also, in terms of Gaza, when the Israelis left we ended up with a police force that was throwing people off buildings.

[Dr Whitford]

That is why I will not be taking any more interventions. If the hon. Gentleman compared the domestic civilian law in Israel and the situation in the military courts, he would find that they are nothing like each other. We have the reports from the delegation in 2011, the report in 2012, UNICEF’s report in 2013 and the update in 2015, and things have not changed. She is sadly no longer in her place, but the hon. Member for Bradford West (Naz Shah) talked about this. If we simply imagine a 12-year-old or a 14-year-old that we know going through this situation, whether they are in our family or are around us, what do we think it will produce? They are shaken awake to find two men with military weapons and they are dragged from their bed. They are blindfolded or hooded and their hands are tied behind their back. They are thrown on the floor of a military vehicle and driven for a couple of hours. They are then left with no food or drink and often no access to the toilet, and eventually their interrogation starts.

There is no audiovisual recording or evidence to show how the children were treated, but the affidavits collected by one charity after another, including B’Tselem, which is an Israeli non-governmental organisation, show that these children are being abused, threatened and frightened on an industrial scale, with more than two thirds of them being made to sign a confession in a language they do not understand. None of them reported having a parent with them. Only 97% reported not having a lawyer, so a whole 3% got access to a lawyer. The vast majority will meet their lawyer at the time of their first hearing. That leads to a high rate—it is in the nineties—of plea bargaining. They are told, “You have been held for three months. You will be held longer if you decide to contest this. Actually, that thing you signed is a confession.” They then end up in prison, miles away in Israel, with their parents unable to visit them for more than 45 minutes a month. Those parents have to get permission, which nowadays they are unlikely to get.

We have children who may be held for 18 months, without seeing a parent or family member, for throwing stones. What does Israel think that that produces? The child will have post-traumatic stress disorder. They will have missed schooling and will be suffering from all sorts of psychological problems, as highlighted by my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). They will probably fail at school. They will not have work; work is hard enough to find in the west bank at the best of times. What we will have created is an angry young person who is ripe to be recruited to be violent and who hates Israel. That is not the solution to get peace.

[Ian Austin]

Will the hon. Lady give way?

[Dr Whitford]

No, I will not. I need to conclude shortly. We need to get Israel back to the table and we need to get a peace process going. We need to realise what is happening in the west bank. It is simply being built over, and things boil over. If these children have committed crimes, they must be arrested and tried. The evidence must be brought, but it behoves Israel, even though it is through a military system, to ensure that it meets the terms of the UN convention on the rights of the child, which it signed in 1991, with the presentation of high-quality evidence taken from children who have been well-treated. At the moment we have the terrorisation and intimidation of children, confessions that cannot be trusted and children who will turn into the violent terrorists of the future. That is not in the interests of Israel or Israelis. It is not in the interests of Palestinians. We need to use our power not just to tut and to click our tongue, as was discussed last night in relation to what has happened in Saudi Arabia. The UK should stand up aggressively for human rights and not be a pushover.