UK Foreign Policy: China and Hong Kong

Sarah Champion Excerpts

Monday 10th June 2019 Commons Chamber

[Mr Carmichael]

I absolutely agree with that. I am a strong advocate of human rights and often preach the gospel of their universality, but I am not starry-eyed about it, especially when it comes to working with countries that do not reach or have not yet reached the standards that we adhere to in this country. I will always engage with countries where I think there is an opportunity for improvement, but we have to see that improvement. As far as the People’s Republic of China is concerned, we are not seeing an improvement. In fact, if anything, we are going backwards: I think of the treatment of the Uyghur Muslims in the Xinjiang province; I think of the treatment of the people of Tibet; and I think of the treatment of religious minorities right across the People’s Republic of China and of the people of Hong Kong.

As I have said, I had anticipated that our debate tonight would rehearse a number of the areas that we have spoken about in the past. I was thinking about the treatment of the Umbrella Movement protesters; the closure of political parties; the expulsion of the Financial Times journalist, Victor Mallet; the creation of the new offence of insulting China’s national anthem without any effort to define what that insult might be and how it would be constituted; and the abduction of booksellers. In fact, when we consider all these things, it is impossible now, especially given the demonstration of support that we saw in Hong Kong at the weekend, to consider any of these things without considering the position in relation to the extradition arrangements and the Bill, which is currently coming towards the Legislative Council. These issues all tie in to this question of extradition.

You spoke earlier, Mr Speaker, about our mutual friend Benedict Rogers. In fact, in preparing for my debate tonight, I had recourse to an opinion piece that he had recently published. I want to read just a bit of it for the benefit of the House, because it illustrates perfectly how the position of the booksellers in particular and the other causes that I have mentioned all tie into this question of the extradition legislation. He wrote:

“‘If the extradition law is passed, it is a death sentence for Hong Kong,’ said Lam Wing-kee in a crowded coffee shop in Taipei. ‘Beijing will use this law to control Hong Kong completely. Freedom of speech will be lost. In the past, the regime kidnapped its critics like me illegally. With this law, they will abduct their critics legally.’

Yet Lam Wing-kee, 63, knows from first-hand experience what the consequences of this change to the extradition law could be, and how the Chinese Communist party behaves. On 24 October 2015, Lam, who managed a bookshop and publishing business in Causeway Bay that sold books critical of China’s leadership, was arrested as he crossed the border into mainland China in Shenzhen. There then followed an eight-month nightmare in which he was first imprisoned in Ningbo and then moved to Shaoguan, a small mountain town in Guangdong province where he was assigned to work in a library—better off than in prison, but still not free and completely cut off from the outside world.

‘I was not physically tortured, but mentally I was threatened and subjected to brainwashing,’ he said.

When he was first arrested, Lam was forced to sign two statements: surrendering his right to inform his family of his whereabouts and his right to a lawyer. Over the eight months he was held in China, he was forced to write confessions more than 20 times. Several times he was filmed, with an interrogator behind him whom he could not see, and these were then broadcast on national television—one of many forced televised confessions that have become a feature of Xi Jinping’s regime.

‘I didn’t write what they wanted me to write, they would write it for me,’ Lam said. ‘If my confession was not satisfactory, they would tell me what to write.’”

That is the reality of the criminal justice system to which we now countenance, or see Hong Kong countenancing, returning people from Hong Kong. That is exactly why it was decided, back at the time of the creation of the joint declaration, that matters such as this should be excluded from it, and that surely is why it is now wrong that we should sit back and just watch the People’s Republic of China ride roughshod over that agreement and the legal obligations into which it entered in 1984.

This afternoon, I was privileged to speak by telephone to Dennis Kwok from the Hong Kong Legislative Council, and he said to me that the Second Reading of this Bill will be on Wednesday—the Minister knows that. He accepts that the remaining stages will be done over the course of possibly the next two weeks at most. When I asked the Minister today what that would mean for the consultation to which our Government aspired, he declined to answer—unsurprisingly, perhaps—so let me ask him again. If the Hong Kong Executive go down this road and the Bill passes all its stages by, say, a week or a fortnight on Wednesday, what is the Government’s position going to be? How on earth will they possibly get the wider, longer, more meaningful consultation on which they have pinned so many hopes thus far? I just do not see it happening.

If the Minister will not answer that question, will he at least give the House some assurance that there is a plan B, that we are taking steps and that the message is going to the Chinese Government now that if that situation comes to pass, our Government will not just sit by and watch this tragedy—that is exactly what it would be—unfolding? Our Government need to do more. We need to assert the rights of the people of Hong Kong that we undertook to guarantee when we left in 1997.

[Sarah Champion (Rotherham) (Lab)]

I really appreciate the fact that we are having this debate because it is a pressing issue, as I know the Minister is aware. I wonder whether the right hon. Gentleman agrees with me on two points. First, does he agree that we have a duty of care to the people of Hong Kong until 2047? Secondly—this is a very selfish concern, but I wonder if the Minister also shares it—does he agree that we have extradition treaties with Hong Kong, so it is possible that we could extradite someone for a fair trial in Hong Kong but that they could end up being tried in China?

[Mr Carmichael]

That is absolutely the case. I hope that our Government would take assurances that that would not happen if they were to extradite anyone to Hong Kong. But, frankly, if the Government of Hong Kong are able to disregard the joint declaration in the way that they do, I am afraid that I do not set any great store by their willingness to abide by the assurances of the sort that we might expect in the normal course of things. It comes back to the point about adherence to and respect for the international rule of law and a rules-based order system.

There is a great deal more that I could say, but I know that the hon. Member for Gloucester (Richard Graham) wants to speak for a couple of minutes and I am keen to ensure that the Minister has every opportunity to give the fullest explanation of the Government’s position, especially given the number of hon. Members who have stayed behind for this debate.

Gaza Border Violence

Sarah Champion Excerpts

Tuesday 15th May 2018 Commons Chamber

[Alistair Burt]

I will do my best to help the hon. Lady now. The situation is that, by and large, the work of the envoys appointed by the United States President holds the keys to the middle east peace process, and all parties involved are waiting for those to come forward. Those envoys have been engaged with Governments in the region and with various parties. It is really urgent that they come forward. Until they do, none of us has a clear sight as to what those are. They have held them very close, but they have also made it clear that, when they are ready to announce something, others will be engaged. The test then will be what exactly it is, but as I said in answer to the question from the hon. Member for Liverpool, Walton (Dan Carden), if it is not workable, it will have to be and we will make our views clear. However, that is where we are at the moment. Should there be anything else, honestly, I will come to the House very quickly, as would the Foreign Secretary.

[Sarah Champion (Rotherham) (Lab)]

Fifty-eight Palestinians were murdered yesterday, six of them children, one of whom was eight months old. Does the Minister really believe that the Israeli response was proportionate to the threat or, coming in this historic week, should we see it as a deliberate attempt to undermine the peace process?

[Alistair Burt]

I do not believe that this is a deliberate attempt to undermine the peace process. The Israeli authorities did not start these protests, the marches or anything like that. It is clear from the reaction around the world to the events of yesterday that Israel has a lot of questions to answer in relation to what happened. I cannot therefore see any sensible connection between the two, but it is absolutely true, as I have said, that this is an area of deep concern for all of us.

Council of Europe

Sarah Champion Excerpts

Wednesday 18th April 2018 Westminster Hall

[Sarah Champion (Rotherham) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hosie. I congratulate my hon. Friend the Member for Gedling (Vernon Coaker) on securing this timely debate.

I will focus on the Council of Europe convention on the protection of children against sexual exploitation and sexual abuse, which is also known as the Lanzarote convention. The convention requires states to: implement legislative measures to prevent and combat the sexual exploitation and sexual abuse of children; protect the rights of child victims without discrimination; promote national and international co-operation; collect and store data on convicted offenders; co-operate with relevant bodies across international borders; protect children; and support victims. There is no doubt that ratifying and implementing the Lanzarote convention would reinforce the UK’s efforts to prevent British sex offenders from sexually exploiting and abusing vulnerable children at home and abroad.

The 10th anniversary of the Labour Government signing the Lanzarote convention is 5 May. Sadly, we are still waiting for this Government to ratify it. The convention has been signed by 47 countries, and 42 have managed to ratify it—but not the UK. In January, the Government told me, a mere 10 years on, that they are satisfied that the UK is compliant and are aiming for ratification in the first half of this year. Will the Minister confirm that that is still the case and give us the date when ratification will happen? Ratification of the convention would be a crucial step towards deterring those who believe they can abuse children overseas with impunity. Following my questions, the Foreign and Commonwealth Office revealed that from 2013 to 2017 there were 361 requests for consular assistance by UK nationals who had been arrested for child sex offences. However, embassies are informed of an individual’s arrest only if the individual requests it, so that figure is likely to be the tip of the iceberg.

Article 25 of the convention makes specific provision for preventing travelling sex offenders from sexually exploiting and abusing children abroad. The charity ECPAT UK has documented more than 300 cases of British nationals abusing children abroad. UK offenders continue to pose an acute threat to vulnerable children overseas, and we need to strengthen our laws to prevent that. Ratifying the Lanzarote convention would help to promote greater international co-operation, information sharing and use of extraterritorial legislation. I urge the Minister to do all he can to ensure that ratification happens.

Palestinian Children and Israeli Military Detention

Sarah Champion Excerpts

Wednesday 7th February 2018 Westminster Hall

[Graham Stringer (in the Chair)]

The debate is highly over-subscribed, so I will impose a time limit when Sarah Champion sits down. If hon. Members intervene on her—she says she is willing to take interventions—they will go down the order of speakers, because it looks like, even with a time limit, there will not be sufficient time to call everybody who has requested to speak.

[Sarah Champion (Rotherham) (Lab)]

I beg to move,

That this House has considered military detention of Palestinian children by Israeli Authorities.

It is a genuine pleasure to serve under your chairmanship in this very important debate, Mr Stringer. I strongly welcome the fact that the Government addressed the issue of Palestinian child detainees during the third universal periodical review of Israel at the UN Human Rights Council two weeks ago. They recommended that Israel take

“action to protect child detainees, ensuring the mandatory use of audio-visual recording in interrogations with all child detainees, ending the use of painful restraints, and consistently fully informing detainees of their legal rights.”

That important statement signals a positive intent to engage constructively with this issue.

I called this debate in the same spirit: I want to support and encourage Israel to meet its international obligations regarding the rights of children. It meets them fully for Israeli citizens but, alas, does not do so for Palestinian children. To be clear, I am not making a judgment about the crimes Palestinian children are alleged to have committed or about Israel’s right to uphold the law. This debate is specifically focused on Palestinian children in military detention.

Two years ago, I secured a similar debate. I would love to tell the House that many of the issues discussed then have now been addressed, but sadly the situation remains largely the same. In March 2013, UNICEF published a report entitled “Children in Israeli Military Detention: Observations and Recommendations”, which concluded that

“the ill-treatment of children who come in contact with the military detention system appears to be widespread, systematic and institutionalized throughout the process, from the moment of arrest until the child’s prosecution and eventual conviction and sentencing.”

[Mr Jim Cunningham (Coventry South) (Lab)]

Is there any evidence that the Israeli Government have taken any notice of the British Government’s request?

[Sarah Champion]

There is some evidence. I will come on to the recommendation that the Government made when the UK sent over some lawyers a number of years ago. I am grateful that the Minister is engaged in dialogue at the moment, and I hope he will update us on the current situation.

Last year, the authoritative west bank non-governmental organisation Military Court Watch found that, four years after the publication of the UNICEF report, only one of its 88 recommendations—No. 21, on access by lawyers to medical records—had been substantially implemented.

[Paula Sherriff (Dewsbury) (Lab)]

Military Court Watch reported that 79% of children detained in 2017 signed a confession or a statement in Hebrew. Does my hon. Friend share my concern that the majority of those children would not have had a guardian or responsible adult with them, and that they probably would not have understood the language they were committing to?

[Sarah Champion]

I share my hon. Friend’s concern, and I will address that point. Arabic is an official language in the state of Israel, so why are the documents presented to children in Hebrew? I will let my hon. Friend draw conclusions.

[Sir Desmond Swayne (New Forest West) (Con)]

Before the hon. Lady leaves Military Court Watch, will she give way?

[Sarah Champion]

That was quite a rude interruption. Please go ahead, though.

[Sir Desmond Swayne]

What evidence is there that NGOs such as Military Court Watch and other Israeli NGOs that perform this valuable function have themselves been subject to a measure of harassment at an official level?

[Sarah Champion]

I am afraid I cannot answer that, because I do not know the data. I hope that any organisation that is trying to speak on the basis of facts does not suffer harassment, but as the right hon. Gentleman knows, too often, when we put our head above the parapet, it gets shot off multiple times.

A year before the UNICEF report, a group of senior UK lawyers published an independent study entitled “Children in Military Custody”. Published in 2012 and funded by the Government, it found that Israel was in breach of at least eight of its international legal obligations under the UN convention on the rights of the child and the fourth Geneva convention, due to its treatment of Palestinian children held in military detention.

[Imran Hussain (Bradford East) (Lab)]

I thank my hon. Friend for securing this very important debate. As she knows, Palestinian children as young as 12 are routinely taken from their homes in night-time raids, blindfolded, bound, shackled, interrogated without a lawyer or parent present and with no audio-visual recordings, put into solitary confinement and forced to sign confessions. These are children we are talking about. What part of that is not plainly and simply wrong?

[Sarah Champion]

It is hard to argue with my hon. Friend’s passionate intervention.

The UK report set out 40 recommendations on arrest, interrogation, bail hearings, plea bargaining, trials, sentencing, detention, complaints and monitoring. Military Court Watch stated last year that only one of the UK report’s recommendations—No. 33, on the separation of children from adults in detention—had been substantially implemented. The empirical evidence is clear: half a decade after the publication of the UNICEF and UK lawyers’ reports, which contained dozens of recommendations to bring Israel’s military system of detention of Palestinian children in line with basic international legal standards, there has been limited implementation by the authorities.

[Dr Matthew Offord (Hendon) (Con)]

Perhaps the hon. Lady would like to take this opportunity to explain to the House why Israel uses military courts.

[Sarah Champion]

I can do, but that is quite a big topic. Because of the, in my opinion, illegal occupation, people have to go through a military system, rather than a civilian system. The unfortunate thing is that that is applied to the Palestinians, who rarely have parity with the Israelis.

Although I praise the Israeli Government for allowing the studies to go ahead, it is disappointing that that leading international democracy has largely not acted on the recommendations, which were made in good faith. I now turn to the specific areas I would like the Minister to focus on.

[Andy Slaughter (Hammersmith) (Lab)]

I was last in the west bank in November—I have declared that in the Register of Members’ Financial Interests—and I visited a family whose young son had been seized in the middle of the night and detained. He was in administrative detention. Does my hon. Friend agree that, in one respect, things have got worse since our last debate, because Israel has started using administrative detention—detention without charge for unlimited periods? That must be wrong on any basis.

[Sarah Champion]

Yes. That technique is not used often, but it is used. It allows the child to be held in detention without any charges being brought against them, and without their having the right to respond to the charges.

The prevalent practice of night-time raids by Israeli military personnel causes a huge amount of distress to children and their families. Inevitably, night raids on civilian population areas by any military tend to terrify those communities. After 50 years of use, they can become hugely debilitating. Although conducting night arrest operations reduces the potential for clashes with local residents, the practice cannot be said to be in the best interests of the child—a primary consideration under the UN convention on the rights of the child.

The UK report recommended:

“Arrests of children should not be carried out at night save for in extreme and unusual circumstances. A pilot study of issuing summonses as an alternative means of arrest should be carried out.”

UNICEF made similar recommendations. Following those recommendations, it was most welcome that Israel announced the introduction of a pilot scheme in February 2014, whereby summonses would be issued requiring attendance at police stations for questioning, in lieu of arresting a child at night. That was to be similar to the practice for Israeli children. Military Court Watch reports, however, that the use of summonses in lieu of night arrest has been very low. It found that 6% of the children affected in 2017 reported being served with a summons as an alternative to a night arrest; in 2016 the figure was just 2%.

Even in cases in which summonses are used, Military Court Watch identified a number of issues: in most cases, the summonses were delivered by the military after midnight; relevant parts of the summonses were frequently handwritten in Hebrew without Arabic translation; relevant information, such as the nature of the accusation, was missing; and no reference to the child’s legal rights was included in any of the summonses. Military Court Watch further reports that, in the 80 cases it documented in 2017, 65% of children still reported being arrested at night, in what are frequently described as terrifying raids undertaken by the military.

There is some good news, but overall, since the summons scheme has been in operation, it has been apparent that, first, it is infrequently utilised and, secondly, arrests in terrifying night raids continue to be the norm. Furthermore, the indications—yet to be confirmed—are that the pilot scheme may now have been discontinued altogether. Will the Minister therefore please request from his Israeli counterparts confirmation as to whether the pilot scheme is still operational? Will he also request data on the use of summonses since the pilot scheme was announced in 2014, and will he urge that children should not be arrested at night except in extreme and unusual circumstances?

Next I would like to speak about the right to silence. As we all know, the right to silence is an ancient and fundamental legal right, granting protection against self-incrimination. Significantly, that right is also enshrined in Israeli military law. When implemented properly, it provides vulnerable children with some protection against undue pressure during interrogations, which may lead to false confessions. Military Court Watch notes that 84% of children continue to report not being informed of their right to silence. It further notes that in the 16% of cases in which

“children were informed of this right, the manner and circumstances in which the information was conveyed raises serious questions as to whether the notification is sufficient.”

Another fundamental legal right is timely access to legal representation. International legal standards provide that interrogations should take place in the presence of a lawyer to protect against self-incrimination and to provide safeguards against potential ill-treatment or coercion. Israel’s highest court has confirmed the fundamental nature of the right to consult with a lawyer during the interrogation stage of an investigation.

In the 2015 update to its report, UNICEF noted that Israel’s military prosecutor highlighted that Israeli military order 1651, issued in 2009, provides a detainee with the right to meet and consult with a lawyer. Although military law is silent on when such a consultation should take place, it is accepted that it must occur before questioning, subject to limited security exceptions. As in many situations, however, there is a large gap between the law and what happens in practice.

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

Does my hon. Friend condemn the dangerous and short-sighted rhetoric of the President of the United States at the recent Davos conference, when he threatened to cut off Palestinian aid? Does she agree that, should that happen, the UK must ramp up its financial aid to Palestine so that Palestinians, especially children, do not pay for Trump’s fanatical world view?

[Sarah Champion]

I agree with my hon. Friend. As with the debate today, I think we forget that we put such statements on the public record, and they can have a direct and immediate effect. We hope that today’s speeches have a positive one, but in the case of Donald Trump, I can only say that he has had a very negative impact on the relations between the two countries.

[Martin Whitfield (East Lothian) (Lab)]

On legal representation, this geographical area has two separate sets of rules applied to it. Under the civilian code that applies for Israeli children, there is a requirement for a parent to be in attendance during interrogation, and an undertaking that interrogations not occur at night, but the same is not reflected in the military rules. Is it not a great shame that those rules could not be matched up?

[Sarah Champion]

I agree with my hon. Friend. There are many, many examples in which there is no parity. That is one of the things that I urge the Israeli Government to look at, because it is blatant discrimination and is not necessary.

Military Court Watch reports that, in the 80 testimonies it collected in 2017, 81% of the children reported not having access to a lawyer before interrogation. As a result, most children still consult a lawyer for the first time in a military court, after the critical interrogation phase is over. Given that context, the UK legal charity Lawyers for Palestinian Human Rights has implemented a Know Your Rights campaign in partnership with Defence for Children International-Palestine to empower and educate Palestinian children in the occupied west bank to secure their basic rights if detained in Israel’s military detention system.

The campaign started in 2014 and is ongoing, due to the Israeli authorities’ continuing non-implementation of basic human rights and due process safeguards. I therefore ask the Minister to engage with the Israeli authorities to ensure, as a bare minimum, that: first, all children are, at the time of arrest, informed in their own language of their right to silence, and relevant documents are provided to them in that language; secondly, all children are able to consult a lawyer of their choice before their interrogation and, preferably, also during interrogation; and, thirdly, in order to ensure compliance, a breach of those principles results in the discontinuance of the prosecution and the child’s immediate release. I further ask the Minister to urge the Israeli authorities, as my hon. Friend the Member for East Lothian (Martin Whitfield) suggested, to allow a parent or guardian to accompany the child during questioning—a right afforded to Israeli children when questioned by the Israeli police.

Audio-visual recording of interrogations is a practical safeguard. The UNICEF and UK reports recommended audio-visual recordings of all interrogations of children. Such recordings provide an essential further safeguard against potential ill-treatment or coercion; they also provide protection to interrogators against false allegations of wrongdoing. One would assume that that would be a win, win outcome. Perhaps in response to the recommendations, the military authorities issued military order 1745 in September 2014, requiring the audio-visual recording of all interrogations of minors in the west bank. However, the order limited that protection to non-security offences, thereby rendering it largely redundant, as most offences involving Palestinian children, including stone throwing and protesting, are classified as security offences. I ask the Minister to urge the Israeli authorities to remove the security offence exception from the military order providing for audio-visual recording of detainees and to ensure that all interrogations of children are audio-visually recorded and the tapes made available to the child’s lawyer before the first hearing.

I will now say something about the prevalence of confessional evidence in the military court system, and the process by which those confessions are obtained. It is extraordinary and disconcerting that Israel’s military court system has a conviction rate of 95%, according to its own figures. Confessional evidence is central to securing convictions in that system, whether direct confessions or confessions by others. Effective scrutiny of those confessions is virtually impossible, due to the lack of basic legal safeguards to which I have already referred. There is compelling evidence that the lack of legal protections for Palestinian children is destructive of their safety and welfare. An expert psychiatric opinion from Dr Carmon, commissioned by Physicians for Human Rights Israel, considered the emotional and developmental factors that lead children to make false confessions during interrogations. The implications of such confessions should be understood by all of us. Dr Carmon says:

“The violent arrest process and psychological interrogation methods mentioned…lead to the breaking of the ability of the child or adolescent to withstand the interrogation and flagrantly violate his or her rights. These interrogation methods, when applied to children and adolescents, are equivalent to torture.”

[Sir Desmond Swayne]

Will the hon. Lady give way?

[Sarah Champion]

Let me finish the quotation first—it might answer the right hon. Gentleman’s question.

“These methods deeply undermine the dignity and personality of the child or adolescent, and inflict pain and severe mental suffering. Uncertainty and helplessness are situations that can too easily lead a child or adolescent to provide the requested confession out of impulsiveness, fear or submission. It is a decision that is far from free and rational choice...These detention and interrogation methods ultimately create a system that breaks down, exhausts and permeates the personality of the child or adolescent and robs him or her of hope. These methods are particularly harmful to children and adolescents who live in poor, isolated populations, in a state of conflict, political tension, and/or severe social stress, such as the occupied Palestinian population. The harmful effects on children can also harm the society to which they belong.

Every child has the right to be a child, to his or her dignity, and to protection from all forms of violence.”

[Sir Desmond Swayne]

A retired Israeli soldier told me that the explicit instructions for night operations were to carry them out in such a brutal manner as to achieve exactly the effect that the hon. Lady refers to.

[Sarah Champion]

I am very grateful to the hon. Gentleman of making that point. I too have spoken to retired Israeli soldiers and have, sadly, heard similar tales.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

My hon. Friend is making a very powerful case. I have witnessed the military courts in process. At the end of November 2017, 313 Palestinian minors were being held, so given the scale of the problem, not addressing it is likely to have longer term consequences for getting a proper and peaceful solution to the Israel-Palestine issue. Does she agree that it would be helpful if the Minister gave an update on commitments the Israeli Government have made?

[Sarah Champion]

I agree, and I look to the Minister to respond.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

My hon. Friend will remember that a year ago she and I both served on a delegation with Members from both sides of the House. She is quoting some horrific statistics and powerful testimony, but does she not agree that the terror experienced in military court by the kids who threw stones is often more powerful than the statistics in isolation? Sometimes people cannot get a grip on them. This debate should not be about the wider geo-political situation, but the wellbeing of children.

[Sarah Champion]

I completely agree. That is what I want to focus on: we are talking about children. Regardless of the crime that they have or have not committed, they should still be treated with dignity and within the constraints of the law.

The arrest process and interrogation methods referred to by Dr Carmon were described in great detail in the UK and the UNICEF reports. It is deeply disturbing that two years after the release of the UNICEF report that concluded that ill treatment appears to be “widespread, systematic and institutionalised”, the UN agency issued an update that found

“reports of alleged ill-treatment of children during arrest, transfer, interrogation and detention have not significantly decreased in 2013 and 2014.”

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank my hon. Friend for securing this debate. In the light of what she says, would it not be appropriate for our Government to demand an independent inquiry from the Israeli Government into what is going on? That would help everyone.

[Sarah Champion]

The reality is that we are not in a position to demand. The purpose of this debate is to reach out a hand of friendship and to offer the skills and expertise that we have in this country on this topic, to work in partnership with Israel.

Although UNICEF is yet to release any further updates, reports issued by the US State Department, Military Court Watch and others indicate that the situation today remains substantially unchanged. It is worth recalling that the UK report noted that if the process of arrest and interrogation is occurring to a significant extent as described, Israel would be in breach of the absolute prohibition on torture and other cruel, inhuman or degrading treatment or punishment.

As a bare minimum of protection, I urge the Minister to make representations to ensure that no child is subjected to physical or psychological violence, no child is blindfolded or painfully restrained, and no child is subject to coercive forces and threats. Any statement made as a result of torture or ill treatment must be excluded from evidence in proceedings. I ask the Minister to make inquiries to UNICEF about when the agency will release its next update, and to commend it on the important work it has done.

Two years ago, in a debate on the same subject, I referred to Israel’s policy of transferring Palestinian detainees—adults and children—from the west bank to prisons located in Israel, in violation of article 76 of the fourth Geneva convention. International law classes this activity as a war crime. In UK domestic law, the Geneva Conventions Act 1957 and the International Criminal Court Act 2001 class this activity as a war crime. The latest data released by the Israeli prison service indicates that in 2017, 83% of adult detainees and 61% of child detainees were transferred and detained unlawfully. This practice affects approximately 7,000 individuals each year and it has continued for 50 years. Strikingly, however, Israeli military authorities informed UNICEF in late 2014 that they have no intention of changing this policy.

That rejection undermines the credibility of the international legal order, and therefore harms the security of us all. I have been to Ofer military court and spoken to parents. Because of the restrictions on movement and the requirement of permits to visit their children in Israel, some parents never get to see their children in prison. The unlawful transfer and detention of children in Israel is not just a legal issue but one of basic humanity. Has the Minister or anyone in his Department had any conversations that would shed light on Israel’s decision to explicitly reject the specific UNICEF recommendation? What further steps does he intend to take to encourage Israel to meet its international legal obligations on the transfer of prisoners out of occupied territory? Can the Minister ascertain how many UK citizens are currently involved, directly or indirectly, with the unlawful transfer and detention of Palestinian prisoners outside the occupied territory? What measures will he take in respect of those individuals in accordance with the law?

By now I am sure everyone is aware of the case of Ahed Tamimi, a now 17-year-old girl from the west bank village of Nabi Saleh. In December, she was arrested in the middle of the night after being filmed confronting and slapping Israeli soldiers in her village following the shooting of her 14-year-old cousin. Like all Palestinian female prisoners, Ahed has been transferred to a prison in Israel. The case is polarising: on the one hand, there are those calling for her immediate release; on the other, Israel’s minister for education calls for the military courts to impose a life sentence.

It is important that we all recall that Ahed is just one of more than 800 children arrested each year, according to the most recent data released by the military authorities. Most of these children are arrested in the middle of the night, frequently brutalised and systematically denied their legal rights. We need these children and their parents to have faith and confidence in a political solution and in due regard for the law. History has taught us that if politics and the law fail to meet the needs of the people, people turn to other solutions. The treatment of Palestinian children during arrest and detention is an issue that has been allowed to fester for too long and needs resolving. It concerns us all, because when Israel—our friend and a democratic state—breaks international law and obligations, it makes it that much harder to enforce them in respect of other countries around the world. Israel’s decisions have a global impact.

Two years have elapsed since the Minister’s predecessor explained to me and other MPs in this Chamber that the Government would fund the UK lawyers’ return to Israel to review progress on the implementation of their report recommendations. Allowing the UK lawyers to enter into constructive technical dialogue with their Israeli counterparts, where they can share the UK’s good practice, should expedite the implementation of the practical reforms that are urgently required to protect Palestinian children.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

My hon. Friend is making a very powerful speech about a lot of very complex issues. Before she sits down, will she tell us what role she envisages for non-governmental organisations and human rights organisations in some of the discussions that she thinks the Government could have with the Israeli authorities? She has talked a lot about the research they have done, but does she see a role for our human rights organisations in practical matters such as prison visits?

[Sarah Champion]

My hon. Friend makes a fantastic point. I have worked, as I am sure have many people in the House, with both Israeli and Palestinian organisations and international ones. They are trying to stabilise the situation and to help people come up with a practical solution that meets the needs of children and the broader needs in both countries.

I have asked many specific questions of the Minister. I know that a lot of people want to speak, so I understand that he may not be able to answer all my concerns here and now, but I would be most grateful if he wrote to me with his thoughts about those things.

[Several hon. Members rose—]

--- Later in debate ---

[John Howell (Henley) (Con)]

It is a great pleasure to serve under your chairmanship, Mr Stringer. I refer Members to my entry in the Register of Members’ Financial Interests.

Let be start by giving some background. In 2011, in the face of riots, more than 3,000 arrests were made and more than 1,000 people were issued with criminal charges. Around half were under 21, and 26% were juveniles aged between 10 and 17. Some 21% were arrested for bottle or stone throwing. One hundred and fifty-eight male youths aged 16 or under were given custodial sentences. That is not a description of Israel; it is a description of the UK following the 2011 riots. Why has there been no Westminster Hall debate on the treatment of minors by the Palestinian authorities, the allegations of rape in Egyptian custody or the death sentences imposed on minors in Saudi Arabia?

[Sarah Champion]

Will the hon. Gentleman give way?

[John Howell]

No, I will not.

The singling out of Israel ignores the fact that Israel faces extensive acts of terror on its territory. It ignores the fact that Israel has established military juvenile courts, shortened the period of initial remand, stressed the rights of minors, raised the age of minority to 18, enacted a statute of limitations for the prosecution of minors, given parents legal standing and strengthened legal representation for minors. It also ignores the co-operation of Israel in the light of the 2012 Foreign and Commonwealth Office-funded report. The British embassy in Israel said:

“We welcome Israel’s focus on the particular needs of this more vulnerable category of detainees”.

As far as I am aware, the pilot programme in the west bank to issue summons, easing the need to arrest at night, to which the hon. Member for Rotherham (Sarah Champion) referred, continues. If Israel were to use civil courts instead of a military one, it would be accused of simply annexing the west bank.

Nevertheless, we must recognise that 30% of attackers against Israel—fuelled by intimidation that denies Israel the right to exist and glorifies terrorists and Nazi sympathisers—have been Palestinian minors under the age of 18. The majority were between 16 and 18. The youngest was an 11-year-old, who said after being arrested for stabbing an Israeli that he wanted to die a martyr.

Just over 300 minors are in custody after 400 violent, ideological terror attacks. That is not to be deprecated. The effect on wider civil disorder can be seen from the attack in Jerusalem on a 70-year-old Palestinian man who was mistaken for an Israeli. The use of minors in this way, driven by hate and incitement, is nothing more than the abuse of children.

--- Later in debate ---

[Joan Ryan]

I will not.

We see that policy in the naming of schools and sports tournaments after terrorists; in the newly revised curriculum, which asks students, as a maths exercise, to calculate the number of martyrs in Palestinian uprisings; and in the countless examples of anti-Semitism that litter children’s TV programmes on official Palestinian Authority TV.

[Sarah Champion]

Will my hon. Friend give way?

[Joan Ryan]

I will not, at this point.

We must register our deep and continuing concern at the Palestinian leadership’s attempt to recruit children into committing acts of violence. In December Fatah posted a photograph to its Twitter account of a young boy hurling rocks with a slingshot, together with a guide to how best to throw a rock. Let us remember that Yehuda Haim Shoham, one year-old Jonathan Palmer and three-year-old Adele Biton were all killed as a result of stones being thrown at cars they were travelling in.

Finally, it is important that we show our deep and continuing concern at the recruitment of children into Palestinian armed groups such as Hamas and Islamic Jihad. As Child Soldiers International has stated:

“Children received military training and are used as messengers and couriers, and in some cases as fighters and suicide bombers.”

If we do not acknowledge and address those very serious issues, we run the risk of this debate being seen less as a matter of the welfare of Palestinian children and more as simply another opportunity to attack Israel.

--- Later in debate ---

[Dr Offord]

No, thank you.

Ahed was 16 when she was arrested—[Interruption.] It is quite sad that some hon. Members find this amusing. I certainly do not. She was 16 when she was arrested in December. As far as I am aware, it is official Labour party policy to extend the vote to everyone over 16. Do Opposition Members believe that 16-year-olds should be held accountable for their actions or not? Whether it is stone-throwing, incitement to hatred or martyrdom operations—those are terrorist acts.

[Sarah Champion]

Will the hon. Gentleman give way, as I gave way to him?

[Dr Offord]

I will not give way.

Those are terrorist acts. There is a judiciary in Israel, and it is better for politicians in this country, and indeed in Israel, not to involve themselves in the judicial process. As has already been stated, there have been occasions when cases were thrown out because the evidence was not there. We must leave Israel to decide its own future, live in peace and security, and have its own laws of the land. We do not need hon. Members who are taking part in this debate to tell Israel how to live its life.

The Rohingya and the Myanmar Government

Sarah Champion Excerpts

Tuesday 17th October 2017 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

I am grateful to my hon. Friend the Member for Bethnal Green and Bow (Rushanara Ali) and the hon. Member for St Albans (Mrs Main) for securing this necessary debate. I also thank my hon. Friend for the vital work that she has done in raising awareness of the persecution of the Rohingya. Sadly this abuse is not new. In 1992, a cross-party early-day motion criticised the “systematic extermination” of the Rohingya in Burma. Some 25 years later, the extermination continues.

The most recent UN report contains witness statements detailing shocking acts of violence and humiliation: children and elderly people burned in their homes; mass use of gang-rape, including soldiers gang-raping girls as young as five; victims, including children, forced to watch relatives and loved ones tortured and killed; and a pregnant woman raped, her stomach cut open, her unborn baby killed, and her nipples cut off.

Since August, more than 540,000 Rohingya have fled to Bangladesh, taking the total now in Bangladesh to more than 800,000. Sickeningly, Amnesty International and some of our colleagues have said that there are clear indications that the Burmese authorities have been deliberately targeting the Rohingya as they flee, placing landmines at border crossings.

[Paul Scully]

Does the hon. Lady agree that landmines are terrible not just for those in the present, but in 10 or 20 years’ time when, hopefully, this has been solved and children are out playing?

[Sarah Champion]

That is the perversity of the situation, and we have our eyes wide open.

The Secretary of State for International Development has said that children are at risk of “sexual violence and trafficking”. The International Rescue Committee said that there are

“reports of girls in Rohingya camps being raped or abused when going to the toilet or collecting firewood.”

There are those who suggest that there are two sides to this story, and that paramilitary attacks mean that the Rohingya are to blame for the violence. Nothing can ever justify the horrors that innocent Rohingya are suffering. The UN report contains a witness statement of a 12-year-old Rohingya girl. She told the UN team:

“They surrounded our house and started to shoot. It was a situation of panic—they shot my sister in front of me, she was only seven years old. She cried and told me to run. I tried to protect her and care for her, but we had no medical assistance on the hillside and she was bleeding so much that after one day she died. I buried her myself.”

That was a 12-year-old girl. If a proportional response existed, that could never be it. The UN also said that

“security forces targeted teachers, the cultural and religious leadership, and other people of influence of the Rohingya community in an effort to diminish Rohingya history, culture and knowledge.”

This is planned and co-ordinated ethnic cleansing. I am pleased and relieved that the Secretary of State has echoed the UN High Commissioner for Human Rights in describing it in that way, but we need not only strong language, but strong action. The director of International State Crime Initiative has called ethnic cleansing a “euphemism for genocide”. She adds that genocide is a process that takes place over many years. In 2015, the organisation described the violence towards the Rohingya as

“highly organised and genocidal in intent.”

The Bangladeshi Government have already called this genocide so I ask the Minister, if the UN finds that genocide or other violations of international law have been committed, will the British Government support a referral to the International Criminal Court?

[The Minister for Asia and the Pacific (Mark Field)]

It goes without saying that genocide is a legal term at the UN. If the UN goes down that path, of course the UK Government will be the first to be supportive of taking these matters to the International Criminal Court.

[Sarah Champion]

I am hugely grateful for that intervention.

Yesterday, the Foreign Secretary had the opportunity to lead on this in a meeting of the EU’s Foreign Affairs Council. Sadly, the Foreign Secretary’s eagerness to lead at home is not matched by an eagerness to lead abroad. The only action from that meeting was the suspension of invitations to senior Burmese military officials to visit the EU. I agree with Burma Campaign UK that this is absolutely pathetic.

We must do everything in our power to protect the Rohingya and pressure the Burmese Government to immediately cease military operations. We must ensure the implementation of the recommendations in the Annan commission, particularly on the matter of citizenship rights. We must listen to aid agencies and ensure that resources are available to distribute food, reduce the threat of disease and help establish protection services for women and children. We have to remove the red tape so that that can happen. We must pressure the Burmese authorities to allow immediate unimpeded humanitarian access to Rakhine state. Fundamentally, we must no longer turn a blind eye. I urge this House to act now, before it is too late.

UN Vote on the Independent Expert for the LGBT Community

Sarah Champion Excerpts

Tuesday 8th November 2016 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the planned United Nations vote on the validity of a UN independent expert for the lesbian, gay, bisexual and transgender community.

[The Minister for Europe and the Americas (Sir Alan Duncan)]

I thank the hon. Member for Rotherham (Sarah Champion) for her question, and warmly welcome her reappointment to the Front Bench.

As the House may know, the issue before us concerns the United Nations Human Rights Council and its recent very welcome decision to create the post of independent expert on sexual orientation and gender identity, or, in House parlance, what we could call LGBT. The person chosen for that role was Mr Vitit Muntarbhorn, from Thailand. The United Kingdom was successfully re-elected to the Human Rights Council only last month, but we are now having to campaign in New York, where a group of African delegations have challenged the mandate of the independent expert and are trying to reverse the decision and the appointment. I am most grateful to the hon. Lady for giving me an opportunity to explain the steps we are taking, which I am certain will enjoy the support of the whole House. We are obviously strongly opposed to this attempt to reverse the mandate and to block the final approval of the process—something that should be seen as straightforward and procedural.

Opponents of this important mandate misunderstand its nature, which is proportionate and was properly established by the Human Rights Council. Since Friday night, when we discovered that this was happening, the UK’s entire diplomatic network has been making that point in every capital across the globe. Only this morning, for instance, my noble Friend Baroness Anelay, who is visiting Sri Lanka, secured the agreement of her hosts in Colombo to join us by supporting an amendment tabled by a group of Latin American countries, which were the main proponents of the appointment in the first place.

The Government, and all in the House, believe that the chance to live with dignity, free from violence or discrimination, should never be undermined by a person’s sexual orientation or gender identity. All people are born with equal rights, and should enjoy the protection of the United Nations. Acts of violence against LGBT people take place in all regions of the world, including our own. We condemn such violence and discrimination, and we strongly support the new independent expert in his work. We will resist any and all attempts to block his appointment and his mandate.

[Sarah Champion]

I thank the Minister for his upfront declaration of the Government’s intent on this matter. It is however frustrating that it took an urgent question to find out the Government’s position.

As the Minister said, in June of this year the UN Human Rights Council adopted an historic resolution mandating the appointment of an independent expert on protection against violence and discrimination based on sexual orientation and gender identity. It effectively created the first ever UN LGBT human rights watchdog. The motion put before the UN General Assembly by the African nations today could reverse that decision, aiming to defer consideration of, and action on, this Human Rights Council resolution. The motion seeks to suspend, and potentially get rid of, the UN independent expert on LGBT violence and discrimination.

This motion has a realistic chance of passing, securing votes from the African Group and many of the nations within the Organisation of Islamic Cooperation. It is crucial that this matter should be raised in the Chamber because it is concrete evidence of the systematic attempt to frustrate the protection and advancement of LGBT human rights internationally.

In many countries persecution based on who people love or are sexually attracted to, or on their gender identity, is extreme. Often, this discrimination and violence is state-sanctioned. According to a UN human rights report last year, at least 76 countries retain laws that criminalise and harass people on the basis of their sexual orientation and gender identity. This includes fines, torture, hard labour, forced “conversion” therapy, lifelong prison sentences, and the death penalty.

The UK is a tolerant country, yet according to Galop, a UK-based anti-violence LGBT charity, we have seen a 147% increase in hate crimes against LGBT people in July, August and September of this year, with one in four gay young people having experienced homophobic bullying. I know the Minister is as appalled as I am at these statistics and agrees with me that it is crucial symbolically, politically and practically that the actions of the UK put a stop to this persecution once and for all and that we are strong in our condemnation of this motion. So I ask the Government to take this opportunity to show zero tolerance to violence and discrimination against LGBT people in all its forms and offer a firm commitment to working with our international allies to eradicate violence, hatred and intolerance towards people based on their gender or sexuality.

I specifically ask the Secretary of State to clarify a couple of points. Has the UK’s position been made clear to other member states ahead of the potential vote, specifically the African nations? What work are the Government undertaking to promote LGBT rights abroad both through the UN and in regular interactions with individual nation states? Finally, does the Minister intend to make his view on the Africa Group motion public and will he make a statement following the General Assembly meeting today, to update the House on this matter?

[Sir Alan Duncan]

rose—

Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 12th July 2016 Commons Chamber

[Mr Ellwood]

My right hon. Friend raises a very important issue. We regularly raise and discuss these matters at Foreign Office questions. Now that we have had the Paris summit and seen a meeting between Prime Minister Netanyahu and Egyptian Foreign Minister Shoukry, we can see this issue coming back on to the agenda. My concern—I raised it at the Paris summit—is that with all the other distractions and concerns in the middle east, we have lost sight of something that needs to be resolved. My right hon. Friend makes the important point that the actions of the Palestinians do not go unnoticed, and we require the leadership of President Abbas to make it clear that those actions must be condemned.

[Sarah Champion (Rotherham) (Lab)]

As well as demolishing Palestinian homes on the West Bank, Israel continues to arrest and detain Palestinian children in Israel and the occupied Palestinian territories. G4S, which has provided services for Israeli military checkpoints and prisons, has been found by the UK national contact point for the OECD guidelines to be in breach of its fundamental human rights obligations. Will the Minister join me in calling for G4S to withdraw fully from its relevant contracts with the Israeli state agencies?

Child Prisoners and Detainees: Occupied Palestinian Territories

Sarah Champion Excerpts

Wednesday 6th January 2016 Westminster Hall

[Sarah Champion (Rotherham) (Lab)]

I beg to move,

That this House has considered child prisoners and detainees in the Occupied Palestinian Territories.

It is a pleasure to serve under your chairmanship, Mr Chope. I wish you and everyone here a happy new year.

In June 2012, a delegation of leading British lawyers published a report on children held in Israeli military custody. That independent report was facilitated and funded by the Foreign and Commonwealth Office and, based on a number of undisputed facts, found that Israel was in breach of six of its legal obligations under the UN convention on the rights of the child and two obligations under the fourth Geneva convention. The report also concluded that if allegations of abuse referred to the delegation were true, Israel would also be in breach of the absolute prohibition against cruel, inhuman or degrading treatment or punishment.

Eight months after the UK report was published, UNICEF released its own assessment of the military detention system for children. After reviewing the available evidence, including over 400 sworn affidavits from children detained in a system with a jurisdiction to prosecute 12-year-olds in military courts, UNICEF concluded that,

“the ill-treatment of children who come in contact with the military detention system appears to be widespread, systematic and institutionalized throughout the process, from the moment of arrest until the child’s prosecution and eventual conviction and sentencing”.

Following release of these damming reports into a system of martial law that is now in its 49th year, the Israeli Ministry of Foreign Affairs stated that,

“it would study the conclusions and work to implement them through on-going cooperation with UNICEF”.

Similar statements were made following the release of the UK report and the issue has been subject to much discussion between our two Governments during the intervening three years.

As part of those ongoing discussions, British officials have raised a number of specific issues with their Israeli counterparts, including the use of painful plastic ties to restrain children, arresting children in the middle of the night in terrifying military raids, and the mandatory use of audiovisual recording of all interrogations. In response to these interventions, the Israeli military issued standard operating procedures for the use of restraints and introduced a pilot study to use summonses instead of night-time arrests. However, in February 2015, UNICEF issued an update to its original report and noted that allegations of

“alleged ill-treatment of children during arrest, transfer, interrogation and detention have not significantly decreased in 2013 and 2014”.

[Paula Sherriff (Dewsbury) (Lab)]

I visited the west bank with my hon. Friend in September 2015 with the Council for Arab-British Understanding and Medical Aid for Palestinians, and we were briefed by Military Court Watch. Does my hon. Friend share my concern at the significant disparity between treatment of Palestinian and Israeli young people, including lack of legal representation and parental support, allegations of widespread abuse and having to sign confessions in Hebrew, among many others?

[Sarah Champion]

I share those concerns and will come to them. The disparity between the two legal systems includes, for example, a maximum period of detention without charge of 40 days for an Israeli child and 188 days for a Palestinian child.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I congratulate the hon. Lady on securing this incredibly important debate. She is speaking eloquently in listing the human rights abuses in Israel and indicating that warm words to encourage Israel to act differently are not working. Does she agree that it is now time for action? For example, the UK could call for the suspension of the EU-Israel association agreement, which has a clause saying that if there are human rights abuses, there is a right to suspend the agreement. How can the agreement still be in place with that human rights clause when Israel completely ignores human rights concerns year after year?

[Sarah Champion]

I agree with the hon. Lady. That recommendation is superb and there are others.

[Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

My hon. Friend makes an important point, but does she accept that the context in which these situations occur is an organised campaign conducted by the Palestinian authorities of incitement, to try to provoke young Palestinians to carry out acts of violence towards other civilians, some of which result in death, including the death of young children?

[Sarah Champion]

I take on board my hon. Friend’s point. However, this debate is about the different treatment of Palestinian and Israeli children, and the breach of human rights and international law. I completely agree that if someone has committed a crime, they should be dealt with appropriately and with due process, but that is not what is happening at the moment.

[Guto Bebb (Aberconwy) (Con)]

On the specific point made by the hon. Member for Brighton, Pavilion (Caroline Lucas) about human rights abuses and whether that should result in a breach of our relationship with Israel, did not UNICEF, which the hon. Member for Rotherham (Sarah Champion) quoted, highlight alleged human rights abuses of minors in the UK who were arrested during the 2011 London riots?

[Sarah Champion]

The hon. Gentleman makes an interesting point, but I am talking specifically about detention of Palestinian children. If he wants to bring his point forward in another debate, I am sure that this Chamber will be equally packed.

[Jo Cox (Batley and Spen) (Lab)]

I congratulate my hon. Friend on securing this debate. She will be aware that evidence from Military Court Watch suggests that 65% of children continue to report being arrested at night in what are described as terrifying raids by the military. Will she comment on that worrying fact?

[Sarah Champion]

It is disturbing. A pilot study looked at not doing night raids and issuing summonses instead, but the summonses were issued after midnight, which defeated the whole object.

[Andrew Percy (Brigg and Goole) (Con)]

I congratulate the hon. Lady on securing this undoubtedly important debate. The context in which Israel operates on the west bank is obviously incredibly difficult and none of us would want to find ourselves in it. With that in mind, will she comment on the failure of the Palestinian Authority to work with the Israeli authorities on the west bank on alternatives to detention? She knows full well that they will not engage in such alternatives. I hope that she also knows full well that the difficulty of arresting people during the day instead of the night is that it has led to deaths and riots. The authorities are operating in a very difficult context.

[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.]

[Mr Christopher Chope (in the Chair)]

Order. Somebody at the back of the room is taking photographs. That is not allowed.

[Sarah Champion]

Thank you, Mr Chope.

As I was saying, that inevitably leads to fear, resentment and friction, often resulting in the military detention of Palestinian civilians, including children, or, to put it another way, how else could 600,000 Israeli civilians safely go about their daily lives while residing in illegal settlements in occupied territory for nearly 50 years? It is no coincidence that the one thing that all detained children have in common is that they live at a friction point located within a few kilometres of an Israeli settlement or a road used by Israeli settlers. At those friction points, the military make their presence felt through night raids, violent incursions, suppression of demonstrations, arrests and roadblocks—a fact repeatedly confirmed by former Israeli soldiers in their testimonies to the group Breaking the Silence.

[Mrs Ellman]

Does my hon. Friend really believe that the solution to this horrendous conflict between two peoples—the Israeli and the Palestinian people—can be found by encouraging individual child Palestinians to commit acts of violence against other human beings?

[Sarah Champion]

My personal view is that there have been atrocities on both sides, but my feeling is that the way to reach a solution is to treat all individuals, both children and adults, as humans and respectfully, and I do not believe that that is happening at the moment.

Another explanation as to why so little progress has been made during the past three years is that the Israeli Ministry of Foreign Affairs delegated the task of implementing UNICEF’s recommendations to Israel’s military prosecutor in the west bank, who is himself a resident of an illegal settlement. That fact alone raises serious questions as to whether the Israeli authorities have any genuine intention to bring about meaningful change in accordance with their international legal obligations.

As troubling as the lack of progress may be, another issue strikes closer to home, because it highlights a blatant disregard for the international legal order established after the second world war and accordingly has the potential to endanger us all. One recommendation in the UK and UNICEF reports was as follows:

“All Palestinian children detained under Israeli military law should be held in facilities in the Occupied Palestinian Territories and not in Israel, which constitutes a breach of article 76 of the Fourth Geneva Convention.”

Our own Government have confirmed that legal conclusion in writing. Sadly, the latest figures released by the Israel prison service, a Government body, indicate that since that recommendation was made, the percentage of Palestinian children being transferred to prison facilities inside Israel has actually gone up and now stands at 56%.

[Louise Haigh (Sheffield, Heeley) (Lab)]

Does my hon. Friend share my concern about British companies, such as G4S, that are operating prison facilities and illegally detaining Palestinian children in Israel, and about movements by the UK Government to stop local authorities divesting from companies that are committing atrocities in the occupied territories?

[Sarah Champion]

That is a very real concern, which I will shortly come on to.

[Mr Jim Cunningham (Coventry South) (Lab)]

Does my hon. Friend agree that the Israeli authorities, if they are to make any attempt at democracy, should implement democratic laws in particular? These children, if they are guilty of wrongdoing, should be handed to civilian authorities and civilian courts.

[Sarah Champion]

That is the nub of the problem: the Israeli children are tried in civilian courts, but the Palestinian children are largely tried in military courts.

[Andrew Percy]

The allegation is that Israel is attempting, through various processes, to annex the west bank, but the imposition of civil Israeli law on the west bank would be an annexation of the west bank. It is a standard rule under UN provisions that an occupying force uses military laws and justice. Any attempt to implement the Israeli legal system would be an annexation of the west bank.

[Sarah Champion]

I have heard that argument before and I hope that I will deal with it in the forthcoming part of my speech.

In the case of adults, the percentage rises such that a staggering 86% are in Israeli prisons. That affects between 7,000 and 8,000 individuals annually. To make matters worse—if that were possible—the military authorities have now informed UNICEF that they have no intention of changing that policy. It is striking that of the 38 recommendations made by UNICEF, the one stating that Palestinian children from the west bank should be held in facilities located in the Occupied Palestinian Territories is the only recommendation that UNICEF declares has been “rejected” by the Israeli authorities.

There is an unfortunate UK link when it comes to those prisons, as my hon. Friend the Member for Sheffield, Heeley (Louise Haigh) highlighted. As I am sure everyone here is aware, our own G4S is providing services to the prisons that hold Palestinian detainees following their unlawful transfer from the west bank, in violation of the convention. Those commercial contracts are set to continue until 2017, even though they have been officially held to be inconsistent with the OECD guidelines for multinational enterprises.

To understand why any of this matters, it is worth briefly considering the legal provisions that prohibit transfer, and why they were thought necessary in the first place. Article 76 of the fourth Geneva convention specifically prohibits the transfer of protected persons accused or convicted of offences from an occupied territory. It is unnecessary to consider whether the convention applies to the Israeli-Palestinian conflict, or the status of Palestine as an occupied territory, as both those issues have been authoritatively determined by the UN Security Council in legally binding resolutions and that has been accepted by successive British Governments, putting the question beyond any sensible dispute.

The articles of the convention are accompanied by a commentary provided by the International Committee of the Red Cross, whose role includes monitoring the compliance of warring parties with the convention. The commentary makes it clear that the prohibition on transferring protected persons from occupied territory, for whatever reason, stems from the experiences of the second world war, when, as we all know, mass transfers in Europe were commonplace. Determined to avoid a repetition of those experiences, the authors of the fourth Geneva convention voted unanimously in favour of prohibiting unlawful deportation or transfer.

[Peter Dowd (Bootle) (Lab)]

“My hands were tied in front of me, so I kept reaching up to pull the blindfold off, but the soldiers kept pulling my hands down to stop me. I just wanted to go home to my dad.” That was a nine-year-old. Does my hon. Friend agree that if that behaviour happened in any of our constituencies, we would be outraged?

[Sarah Champion]

I think that the whole room gasped when my hon. Friend read that out. We would be outraged, and I draw my hon. Friend’s attention to the fact that that behaviour is happening on an industrial scale.

[Ian Austin (Dudley North) (Lab)]

Will my hon. Friend give way for a factual point?

[Sarah Champion]

I will.

[Ian Austin]

As I understand it, the age of legal responsibility in Israel and Palestine is 12. A nine-year-old could not be detained—they just could not. It does not happen.

--- Later in debate ---

[Sarah Champion]

I completely understand my hon. Friend’s incredulity, but unfortunately it does happen. The Foreign and Commonwealth Office sent out an incredibly highly regarded group of lawyers, who witnessed this and who spoke to people and to the judges. I agree that it should never happen, but unfortunately it does.

I will just go back a bit. Determined to avoid repeating those experiences, the authors of the fourth Geneva convention voted unanimously in favour of prohibiting unlawful deportation or transfer, including the transfer of detainees, and designated the practice a “grave breach” of the convention, requiring severe penal sanctions as a deterrent.

To appreciate how seriously the House views a grave breach of the convention, we need to look at the Geneva Conventions Act 1957, which provides that any person who

“commits, or aids, abets or procures the commission by any other person of a grave breach…is liable to imprisonment for a term not exceeding 30 years”

if convicted. Similarly, the Rome statute of the International Criminal Court, to which the UK and Palestine are states parties, and the obligations of which have been incorporated into UK domestic law, lists:

“Unlawful deportation or transfer or unlawful confinement”

of protected persons as a war crime requiring heavy sanctions.

In this debate, I am putting aside the fact that transfer makes it more difficult for Palestinian families from the west bank to visit loved ones held in detention facilities in Israel. The issue I am talking about is key, because it is a violation of the fourth Geneva convention. A violation of such magnitude and duration undermines the credibility of the international legal order and its institutions, and has adverse implications for the rule of law in the region and beyond. Either alleged war crimes must be investigated, without fear or favour, where they occur; or we must accept the risk that our inaction and our turning a blind eye may eventually destroy the international legal order that was established after the second world war. That would be an enormous tragedy, because it would mean that we had abandoned whatever lessons we had learned from that conflict. I suspect that we all agree that this nation has shed too much blood, sweat and tears to abandon those hard-won principles, which were entrusted to us by those who came before us, and of which we are temporary custodians.

The transfer of detainees en masse from occupied territory is a stand-alone issue, because it is a war crime. It is not contingent on the presence or absence of peace talks. It should not be contingent on one political view or another. After nearly half a century, it requires decisive action in accordance with our international legal obligations. The fourth Geneva convention makes it clear that the UK has a positive legal obligation to search for persons accused of committing grave breaches of the convention, regardless of their nationality, and to ensure that if such persons enter the UK, they are arrested and prosecuted with all speed. That is why I recommend that in order to begin to fulfil our legal obligations, we must establish and maintain a watch list of all known war crime suspects, whoever they may be. We should know, at all times, who is coming into this country, whether we need to be concerned and what action we are legally obliged to take. As a nation, we must send a strong message that we will no longer tolerate the commission of war crimes on such an industrial scale, and that we are a people who honour our commitments.

I would like the Minister to act on five points. I would like him to establish a watch list that includes the names of all who commit, aid, abet and procure the commission by another person of the unlawful transfer of protected persons—adults and children—from occupied territories to prisons in Israel. I want him to ensure that any individual on the watch list who attempts to enter the UK is detained for questioning and, if sufficient evidence is available, charged and prosecuted, subject to the consent of the Director of Public Prosecutions.

I would like the Minister to continue to lobby the Israeli Government to cease the practice of unlawfully transferring protected persons—adults and children—from the occupied territory, and to relay the concerns of this House that that practice undermines international legal order. I would like him to continue to lobby the Israeli Government to implement all 40 recommendations included in the UK report, and to monitor whether any changes to military detention systems are translating into tangible improvements on the ground and resulting in a substantial reduction in the level of reported abuse.

Finally, what is the UK Government’s response to Israel’s reported decision to reject UNICEF recommendation 13, which was echoed in the UK lawyers’ report, and which states:

“In accordance with international law, all Palestinian children detained in the Israeli military detention system shall be held in facilities located in the occupied Palestinian territory”?

[Several hon. Members]

rose—

--- Later in debate ---

[John Howell (Henley) (Con)]

I shall be brief, Mr Chope. I thank the hon. Member for Rotherham (Sarah Champion) for securing the debate, and it is a great pleasure to follow her. I draw the House’s attention to my entry in the Register of Members’ Financial Interests.

The context for the debate is the level of incitement against the state of Israel from the Palestinian territories. Both Israel and the Palestinians are legally bound to abstain from incitement and hostile propaganda in accordance with the Oslo agreement and the 2003 road map, which called on all Palestinian institutions to end incitement against Israel. The Palestinian Authority’s failure to deliver on its commitment to end incitement and hate education explicitly undermines the principles and conditions on which the peace process is built.

In that context, the level of continuing incitement from the Palestinian Authority is hard to believe. Considering the use of young people in the incitement process, it is quite amazing that the state of Israel has made the changes that it has to the process by which it deals with that serious matter. The majority of arrests, for example, occur during the day, and those that are conducted at night are done at that time to minimise the danger to Israelis and Palestinians, including Israel defence forces.

The interrogation procedure is carried out in Arabic, not in Hebrew, and statements are written in Arabic. Appeals can be made to the courts that have been set up to hear the cases, and all minors brought before the court during the investigation or thereafter are represented by lawyers of their choice, provided by them or by the Palestinian Authority.

[Sarah Champion]

I hear what the hon. Gentleman says about the process being conducted in Arabic, but we do not have evidence of that because it is not being recorded. Will he comment on access to lawyers? The maximum period of detention without access to a lawyer is 48 hours for an Israeli child, but 90 days for a Palestinian child.

[John Howell]

I believe that the hon. Lady is wrong about the evidence that interrogations are held in Arabic. I have the figure for investigations of which an audio or audio-visual recording was made. The number of cases in 2013 and 2014—the figures that I have—in which the investigating officer recorded the hearings is about the same, at about the 300 to 400 mark.

We are being unfairly selective against Israel, when we should focus our attention on the Saudi execution of minors. The point should also be made that the Palestinian Authority are responsible for human rights violations in the west bank, including the detention of journalists critical of the Palestinian Authority and the detention of peaceful demonstrators. In 2014—according to a Palestinian non-governmental organisation, so the figures are independent—some 2,500 Palestinian children in the west bank had been arrested by the Palestinian Authority. A number of those children were mistreated, and I will give some examples. One 15-year-old Palestinian was arrested on 24 April 2015 after a group of youths threw rocks at Palestinian Authority forces. He was beaten on his head, arm and foot with a rifle butt by a Palestinian Authority policeman.

If hon. Members want another example, in August 2015, a 14-year-old Palestinian suffered a broken arm and bruises when he was seriously beaten by a Palestinian Authority police officer who was breaking up a fight. Of the 81 Palestinian children whom the NGO had identified and provided legal aid to in 2014, almost half had suffered some form of physical violence at the hands of Palestinian police and security forces, so the argument here is not at all about just one side—that it is Israel that is the perpetrator of these attacks on children.

--- Later in debate ---

[Sarah Champion]

I welcome the Minister’s comments. The point of this debate is that we want children to be treated in a fair, just and legal manner, regardless of their race or the crime they committed. We want to ensure that international law is observed.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

My hon. Friend will be aware that, as the US State Department noted, the Israeli military courts have a conviction rate of more than 99% for Palestinians. Does she share my concern that it is influenced by coercive interrogation and the lack of an Arabic translation of documents in interrogation?

[Sarah Champion]

I completely agree. Hon. Friends have made that point very well already.

[Richard Burden (Birmingham, Northfield) (Lab)]

The Minister, in reply to my hon. Friend, said that he wanted to reflect on the five points that she made. He also said that a follow-up delegation will go out in February. May I ask the Minister, through my hon. Friend, to indicate whether he thinks that there should be a full debate in the main Chamber on this issue after that? Clearly, there is a great deal of interest in this issue and a lot of people want to make points.

[Sarah Champion]

When I have my meeting with the Minister, I will push that very point.

[Andy McDonald]

Palestinian children have been subjected to such treatment for decades. Generation after generation grow up having experienced violence and trauma, and they harbour feelings of resentment, persistent anger, hatred and mistrust as a result. Does my hon. Friend agree that, unless those gross and offensive violations cease, the prospects for peace will continue to diminish?

[Sarah Champion]

Sadly, I agree. Everybody in this Chamber and in the country wants lasting peace. We should all be driving for a two-state solution.

I am delighted that the Minister has agreed to meet with me. I want to discuss with him how the UK can meet its legal and humanitarian obligations. I thank the Minister and Members in this Chamber for participating in this debate.

Question put and agreed to.

Resolved,

That this House has considered child prisoners and detainees in the Occupied Palestinian Territories.

Palestine and Israel

Sarah Champion Excerpts

Monday 13th October 2014 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

This is an issue with which I have been involved since my teens. The fact that we are discussing it today feels historic and I am proud to have the opportunity to be in the Chamber. I thank my hon. Friend the Member for Easington (Grahame M. Morris) for securing the debate.

Before I begin, I send my thoughts to the families in Palestine and Israel that have been afflicted by the appalling conflict this summer in Gaza. It is, however, our duty to remember the vast number of Palestinian civilians who have died in the struggle not just this year but in the many years since the conflict began. They are people’s mothers, sons, daughters and brothers and they continue to be treated with little regard for the value of human life. It is with those Palestinian civilians in mind that I rise today to speak in favour of the motion.

Now is the time to move forward from the horrors seen in Gaza to try to secure peace. The only way we can help to restore peace—a real, lasting peace—is by negotiating a two-state solution and by recognising in doing so the right of the Palestinian people to self-determination. The arguments for doing so are compelling. The World Bank and the International Monetary Fund both argue that Palestine is ready for statehood. Palestine has many of the attributes of a functioning state: a Government, people who identify as its population and the capacity to enter into relationships with other states. Some have argued today that Palestine is lacking as it does not have a defined territory, but recognition of a Palestinian state does not and should not hang on the final agreement of Palestinian borders.

The Government made the case for the recognition of a Palestinian state in 2012. The right hon. Member for Richmond (Yorks) (Mr Hague) told the House:

“We want to see a Palestinian state and look forward to the day when its people can enjoy the same rights and dignity as those of any other nation.”

He went on to add that

“we support the right to a Palestinian state.”—[Official Report, 28 November 2012; Vol. 554, c. 228-231.]

If the Government have already recognised the right to a Palestinian state, the right of the Palestinian people to determine the parameters of that state logically follows. The Palestinian people have been arguing for self-determination for more than 50 years and that is a request that we cannot and should not ignore. More than 100 states have already recognised Palestine, joined by Sweden only two weeks ago. It is now our turn. It is our moral duty to treat Palestinians as the people they seek to be treated as. That should not be conditional on negotiations, the views of Israel or those of any other state. It should be conditional only on the views of the Palestinian people.

There are some parallels with the recent referendum in Scotland. On polling day, we did not ask the people of England, Wales or Northern Ireland whether they wish Scotland to stay. We accepted that it was the right of the Scottish people to decide. The same principle should be applied to Palestine. This is not an issue for the Israelis to decide, even if they want to. It is not an issue for negotiations. It is an issue for the Palestinian people and the Palestinian people alone. Israel should have no veto over the Palestinian people’s right to self-determination. This is a right that is not contingent on the views of other states.

There is a practical issue here as well: the recognition of the state of Palestine would mirror our historic recognition of Israel. It has been 54 years since we recognised Israel. When we did so, we did not ask the permission of the Palestinians or, indeed, any of the surrounding states. The recognition of Palestine should have happened a long time ago. For over 60 years, Palestinians have not been granted the same recognition as other peoples, either in their rights or in having their voices heard on the international stage. It is time now that we formally recognise this recognition by acknowledging their right to self-determination and by supporting them to exist as a state. Only by doing so can we move forward to secure a lasting peace for the people of Palestine and of Israel.

Human Rights (Commonwealth)

Sarah Champion Excerpts

Wednesday 11th September 2013 Westminster Hall

[Sarah Champion (Rotherham) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Gray. Today is an opportunity to address candidly some of the human rights abuses happening in the Commonwealth. Today is also an occasion to review the progress that has come to pass due to the combined efforts of the Commonwealth countries working collaboratively.

Commonwealth nations have been successful in obtaining change. All 54 countries have created a document detailing our shared values, and it is the first such document in our 64-year history. The Commonwealth charter sets out strong, clear values, promotes human rights and commits all nations to protecting their citizens from discrimination.

I had the pleasure last week to be part of the UK delegation to the 59th Commonwealth Parliamentary Association conference, at which my hon. Friend the Member for Bristol East (Kerry McCarthy) led an informative debate on human rights. Although the debate enabled us to celebrate our achievements in that field, it also sharply highlighted areas of grave concern, which I will discuss today.

I will focus on the treatment, education and representation of women, the death penalty and the persecution of lesbian, gay, bisexual, transgender and intersexed people. I will call for David Cameron and other senior Ministers to join the Canadian Prime Minister in refraining from attending the Commonwealth Heads of Government meeting, owing to the horrific and continual human rights abuses in Sri Lanka.

[Paul Burstow (Sutton and Cheam) (LD)]

I congratulate the hon. Lady on securing this important debate. She is absolutely right to call on Ministers to refrain from attending CHOGM. Will she confirm that one of the reasons why Ministers should do so is that the Foreign and Commonwealth Office’s advice on the Sri Lankan Government’s human rights record is that Sri Lanka is one of 27 countries about which the FCO has concerns? How can the Government condone those concerns by attending a conference, when they could use the opportunity to make it clear that they do not countenance the Sri Lankan Government’s behaviour?

[Sarah Champion]

I am extremely grateful for that intervention, which echoes my thoughts. I will address those questions in more detail later, and I thank the right hon. Gentleman for sharing them.

The Commonwealth charter is an exciting development that allows the Commonwealth to shape itself as a compelling force for good. The charter commits all nations to the universal declaration of human rights and opposes all forms of discrimination

“whether rooted in gender, race, colour, creed, political belief or other grounds.”

The Commonwealth charter states that those rights are universal, indivisible, interdependent and interrelated, and that they cannot be implemented selectively. I will point out where we can improve our practices to ensure that those clear, explicit definitions are upheld.

Women’s rights vary hugely across the Commonwealth. Although I am well aware that the topic merits a debate in its own right, in the limited time available I will draw attention to a few key areas of concern.

The Commonwealth charter states that the education of girls is an essential component of human development. The Pakistani schoolgirl Malala Yousafzai certainly agrees. Malala’s determination to defend girls’ right to education is one of the most inspiring stories of our modern age. Despite Malala exposing some of the dangers for girls who are trying to access education, however, there are still great barriers. In Cameroon an estimated 38% of girls are currently missing from secondary education, which is simply unacceptable. Women’s education is important not only for empowering the individual, but for the country’s development. It is right that that is recognised in the Commonwealth charter. The Commonwealth comprises not only some of the most developed nations, but some of the least developed. Creating effective education for young women is imperative for change for the better.

Child marriage is a harmful practice that constitutes a violation of the most basic and fundamental rights of young women. There are provisions in the Commonwealth charter for investing and promoting young people’s development. Being a child bride causes appalling harm to a girl’s prospects for education and, indeed, to her health. Only this Monday, we heard of a girl of eight dying from internal sexual injuries after her marriage to a 40-year-old man in Yemen. Unfortunately, that horror is widespread and prevalent across the world, as at least 14 million girls—more than half of whom live in the Commonwealth—marry under the age of 18 every year. There is a clear need to legislate to put an end to child marriage. We need to put an end to the practice, so that every girl is free to enjoy her childhood. All leaders of Commonwealth nations must collectively support steps taken at the United Nations to eradicate child, early and forced marriage.

The Commonwealth charter recognises the importance of women’s rights:

“We recognise that gender equality and women’s empowerment are essential components of human development and basic human rights.”

Throughout the Commonwealth, however, women are in need of a voice. To make the necessary changes, we need better representation of women in our Governments. That change would ensure the rights of women can no longer be ignored. Representation is key to creating positive changes to all the current issues that face women across the Commonwealth.

In the Chamber of Deputies of the Rwandan Parliament, 56% of representatives are women; I am ashamed to admit that only 23% of MPs in the House of Commons are women, placing us 65th in the Inter-Parliamentary Union. We clearly have a lot to learn about women’s representation.

The Commonwealth charter commits Commonwealth nations to the universal declaration of human rights, and article 3 enshrines the right to life. The death penalty fundamentally undermines that right. Worldwide, great progress has been made on abolishing the death penalty. However, Commonwealth countries including the Bahamas, Barbados, Dominica, Guyana, Grenada, Jamaica, St Lucia, Trinidad and Tobago, Swaziland, Malawi, Kenya, Ghana, Cameroon and the Maldives still support the death penalty. Thirty-six Commonwealth countries have the death penalty. Although I acknowledge that many of those countries have expressed a commitment in legislation not to carry out executions and are abolitionist in practice, death sentences are still regularly given, even if they are not fulfilled.

In August 2012, nine people were executed in Gambia, with President Jammeh calling for all death sentences to be carried out “to the letter” by mid-September. Those executions were in sharp contrast to the trend in west Africa towards ending the use of the death penalty. Amnesty International, along with 66 other human rights organisations and west African civil society groups, condemned the executions in a public statement released in September 2012.

There has been a recent resumption of executions in Nigeria, where there had not been an execution since 2006. Four men were hanged in June. Papua New Guinea recently passed legislation that expands the crimes for which the death penalty could be used, signalling a return to its use, even though no executions have taken place since 1952.

We must also recognise that individuals continue to be sentenced to death, or executed, for crimes not involving intentional killing. Therefore, the punishment does not meet the threshold of “the most serious crimes”, as prescribed by article 6 of the international covenant on civil and political rights, to which all Commonwealth countries are committed by our charter. For example, people are condemned to death for blasphemy in Pakistan, for forms of aggravated robbery in Kenya and Zambia and for drug-related offences in Malaysia and Singapore. That is simply not acceptable under current international law. The death penalty must be repealed in all 36 Commonwealth countries.

The persistent persecution of the LGBTI community in the Commonwealth undermines the entire point of being free from discrimination. The Commonwealth charter does not explicitly mention the protection of LGBTI people. I understand why that compromise position was taken, but I believe it is a grave mistake, as 41 Commonwealth countries currently criminalise homosexuality. Those laws are often a historical relic of British colonial rule that continues to stigmatise and marginalise the LGBTI community across the Commonwealth.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

My hon. Friend is making a strong and wide-ranging speech. I want to associate myself in particular with her comments on LGBT rights in Commonwealth countries. Will she join me in commending the work of the Kaleidoscope Trust, the president of which is Mr Speaker and which enjoys support from members of all parties across the House? It works with LGBT activists in many Commonwealth and non-Commonwealth countries to fight against the type of discrimination that she describes.

[Sarah Champion]

I absolutely support the work of the Kaleidoscope Trust, but a vast amount of work unfortunately remains for us to do.

It struck me forcefully when visiting the Apartheid museum in Johannesburg last week that many of the battles for racial equality had been won. It should be celebrated that apartheid is over, but segregation between homosexuals and heterosexuals continues in other parts of Africa. Many terrible cases from across the Commonwealth illustrate the appalling way that the LGBTI community and LGBTI activists have been treated. In Cameroon, Alice Nkom and Michel Togue, who are defence lawyers for LGBTI people, have received telephone calls and text messages on a daily basis from anonymous people who threaten them and their families with death. In South Africa, 24-year-old Noxolo Nogwaza was brutally murdered in KwaThema township. An active member of the Ekurhuleni Pride Organising Committee, she was raped, repeatedly stabbed and beaten to death. The police responsible for the investigation into her murder have so far made no progress and no suspects have been arrested.

[Kerry McCarthy (Bristol East) (Lab)]

My hon. Friend is making a powerful speech so far. Does she agree that that example shows that we must do a lot more than simply change the laws? South Africa has a rainbow constitution that is very much against discrimination based on sexuality, but the problems that she highlights still exist on the ground.

[Sarah Champion]

The fundamental problem is that, although equality is embedded within the Commonwealth charter, LGBTI rights are not mentioned explicitly, so these grey areas are exploited.

Last year, armed police raided a human rights workshop attended by LGBTI activists in Kampala, Uganda, arresting five staff of the East and Horn of Africa Human Rights Defenders Project and 12 other participants. That happened in the context of the Ugandan Parliament seeking to pass an anti-homosexuality Bill, which could include punishing homosexuality with the death penalty. The Bill would create legal provisions to persecute and punish people just for being LGBTI, which directly contradicts all international human rights legislation and should be condemned by the international community. I am aware that Uganda claims that criminalising homosexuality is partly in the interest of public health. In reality, however, it further stigmatises and marginalises groups, making education about effective forms of sexually transmitted disease control considerably more difficult. HIV control is incredibly important as it is an enormous problem within the Commonwealth.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

Would my hon. Friend like to acknowledge the work of the David Cairns Foundation? Following the death of our friend David, it has raised funds to open clinics in Uganda to help with HIV awareness and care.

[Sarah Champion]

I thank my hon. Friend for raising the David Cairns Foundation, which does superb work, and I wish all power to it.

Commonwealth countries contain more than 60% of people living with HIV globally, despite representing only some 30% of the world’s population. The importance of HIV control is backed by the eminent persons group— a group of 10 leading figures from around the Commonwealth, chaired by the former Prime Minister of Malaysia. In 2009, the EPG was commissioned by Commonwealth Heads of Government to examine key areas of reform for the Commonwealth. It recommended decriminalising homosexuality. That recommendation was made specifically in the interests of non-discrimination and outreach to educate LGBTI communities about HIV transmission.

The Commonwealth charter needs to name LGBTI as one of the categories of potential discrimination. It needs to call for homosexuality to be legalised across the Commonwealth to ensure that that persecution stops. In the interest of not sounding too negative, I would like to congratulate the Commonwealth countries where it is legal to be LGBTI, including Australia, the Bahamas, Canada, Cyprus, India, Malta, Mozambique, New Zealand, Rwanda, South Africa and the UK.

Finally, I want to talk about Sri Lanka. The horrific civil war that waged for 26 years in Sri Lanka ended in 2009. There were concerns about human rights abuses and war crimes, committed by both the Sri Lankan Government and the Liberation Tigers of Tamil Eelam. International attention was captured by allegations of the systematic targeting of civilian hospitals within a designated no-missile zone. Video evidence exists of extreme cruelty, including beheadings and rape. Such images shocked the international community and left a permanent scar on Sri Lanka’s human rights record. It was absolutely correct that the allegations were investigated and that due redress followed those investigations. To examine events during the period from 2002 to May 2009, President Mahinda Rajapaksa established the Lessons Learnt and Reconciliation Commission, which was welcomed by many civilians. Implementing the commission’s recommendations, however, has been both slow and selective. Post-2009, grave concerns still exist about military engagement in civilian activities in the north, including sexual abuse, the situation of detainees from the war, the impact of forcible disappearances, impunity, hatred and violence against religious minorities, the intimidation and harassment of human rights defenders, the weakening of democracy, growing authoritarianism, the erosion of the rule of law and the abduction and murder of journalists.

Last month, the United Nations High Commissioner for Human Rights, Navanethem Pillay, completed a seven-day visit to Sri Lanka. She raised strong concerns over the continual and increasingly authoritarian direction in the country. The international community—in particular, the Commonwealth community—should put pressure on President Mahinda Rajapaksa to force him to show that there is a strategic plan to implement all the LLRC report before Sri Lanka’s Ministers consider attending the Commonwealth Heads of Government meeting. Owing to the lack of clear implementation of the LLRC report and continuous concerns about human rights abuses, I am calling on David Cameron and senior ministers—

[Mr James Gray (in the Chair)]

Order. I believe that the hon. Lady means the Prime Minister.

[Sarah Champion]

I apologise. Thank you for the correction, Mr Gray. I am calling on the Prime Minister and senior Ministers not to attend the Commonwealth Heads of Government meeting in November, unless there is a serious and committed response from President Rajapaksa. I want our Prime Minister to show his commitment as an international citizen and as a serious defender of human rights by joining the Canadian Prime Minister in his boycott of the meeting.

In conclusion, the Commonwealth charter clearly intends to defend all people in the Commonwealth. I hope that by the time the Commonwealth games come to Glasgow in summer 2014 dramatic improvements can be seen across the Commonwealth for the good of its people. To that end, I call on my fellow parliamentarians across the Commonwealth to ensure the full implementation of the Commonwealth charter. I call on them to invest in and encourage the development of women’s rights and to ensure women’s representation and education. I call on them to end the practice of child marriage. I call on them to decriminalise homosexuality to ensure the health and safety of our LGBTI communities. I call for the abolition of the death penalty in all Commonwealth countries. Finally, I call on our Prime Minister not to attend the Commonwealth Heads of Government meeting this November, so enabling him to draw attention to the current concerns in Sri Lanka.