The Foreign and Commonwealth Office (FCO) has released its annual report on human rights which examines the implementation of human rights and their abuses across the globe. The report dedicates section 7 to a list of countries of concern and, unsurprisingly, Israel and the Occupied Palestinian Territories are still there, having featured in previous reports. The report highlights Israeli actions in East Jerusalem, the restrictions placed on Gaza and the role of the military justice system as particular concerns, as well as allegations of prisoner abuse and torture by the Palestinian Authority.
Stating that most concerns “stem from Israel’s occupation of Palestinian territories”, the report confirmed that Foreign Secretary William Hague had raised Britain’s concerns when he visited Israel in November last year. This follows a number of recent statements from Mr Hague as he attempts to work towards the resumption of peace negotiations between the two parties, and the planned UN recognition of Palestine as a state by September. These moves come despite the fact that a number of political commentators have argued recently that the two-state solution is becoming less and less viable.
Access to Justice
- The report highlighted the hypocritical use of a dual court system in the OPTs and Israel. The Israeli authorities impose a military court system in the OPTs which tries all Palestinian prisoners, regardless of the nature of the allegations against them. Israeli citizens, including illegal Israeli settlers, are dealt with by the civil justice system.
- This means that the settlers, the charges against whom are usually related to violence against Palestinians in the West Bank, are tried, if they are charged at all, through the civil justice system which operates inside Israel.
- The report highlighted a number of concerns about the military justice system employed in the West Bank and noted that in 2010 four Palestinians were killed during arrest campaigns; one was unarmed and was shot and killed just a metre from his bed. No independent investigations have been held for any of these deaths.
- The FCO urged the Israeli authorities to investigate all cases where Palestinians were killed by Israeli security forces.
- In 2010 Britain contributed towards the translation of military orders into Arabic, the training of Palestinian lawyers and the provision of Palestinian lawyers for prisoners through the Middle East and North Africa Conflict Pool.
Prisons and Detention Issues
- The report raised concerns about the use of administrative detention by the Israeli authorities, noting that it should only be used when security deems it necessary and not as routine practice.
- In 2010, 204 Palestinians remained in administrative detention without charge; many cases were based on secret evidence to which neither the detainee nor his or her legal representative had access.
- The report highlighted a statistic by the Israeli NGO Yesh Din which claimed that more that 95% of convictions in military courts were plea bargains following confessions obtained through “interrogation”.
- It was noted that British officials continued to attend military court hearings in 2010 as part of an EU team to monitor Palestinian human rights defenders’ trials and called on the authorities to act in accordance with fair procedure and due process, upholding the detainees’ rights.
Human Rights Workers
- The FCO report raised concerns about the number of Palestinian human rights defenders arrested and detained in 2010.
- The report confirmed that Britain supported the right to peaceful protests against the occupation and against the illegal route of the “separation wall”.
- The report highlighted support throughout the 27 EU member states for the PA’s 2 year plan of peaceful protesting.
- The FCO highlighted a number of specific cases in the report: Mohammed Othman, Jamal Juma’a and Abdallah Abu Rahma. The FCO lobbied the Israeli government on specific cases and argued for the right of the Palestinians to protest peacefully.
- Despite such comments in the report the arrest and detention of protestors has continued into the current year.
Children’s Rights
- The FCO report raised concerns about the treatment of Palestinian children under the Israeli military court system, which defines anyone under the age of 16 as a child; it was noted that 213 children were held in detention in Israeli prisons, including a 17 year old (defined as a child in most countries, being under 18) held for 10 months.
- Palestinian child prisoners are often detained in prison in Israel and their families are not informed of their arrest.
- The FCO welcomed the announcement of a new juvenile court which will act within the military judicial system, but also hoped to see amendments to Israeli youth law extended to the OPTs.
- The report noted that the Conflict Pool had approved funding for a project run by the NGO Defence for Children International to monitor, defend and promote the rights of Palestinian children.
Torture and Ill-treatment
- The report noted that there have been numerous allegations by NGOs of torture by the Palestinian Authority.
- The FCO established the British Support Team in Ramallah to work with the PA on standards of international human rights. Britain is committed to working with the PA to develop the capacity of the security forces.
- The report also noted that Britain had provided funding to the Independent Commission for Human Rights Palestine section in order to monitor Palestinian prisons.
- Reports of torture by the PA have been widely discussed in the last year and the Middle East Monitor and the Arab Organisation for Human Rights documented that at least 95% of detainees were subject to torture in a unique report. This report was sent to the FCO.
Minorities in Israel
- The report highlighted FCO concerns about a growing “climate of intolerance” exacerbated by Knesset bills which discriminate further against minorities in Israel.
- Disappointment” was expressed that the minority groups in Israel suffered discrimination, especially in areas of housing, education, employment, healthcare and welfare services.
- The report went on to raise concerns that Israel had not implemented the recommendation from the 2008 Goldberg Commission to recognise the remaining “unrecognised” Bedouin villages.
- The continued work by Britain to promote co-existence between Jews and Palestinians in Israel was also mentioned.
The FCO report highlighted a number of human rights concerns based on the continuing oppression of the Palestinian people in both Israel and the OPTs. It highlighted the on-going occupation as one of the main causes of human rights abuses in the region. Noting that the abuses were not limited to Israel, the main cause of disharmony between the two parties was said to be a result of the aggressive nature of the rule by the Israeli authorities inside Israel and the OPTs. Raising a number of concerns, the FCO will now continue to document the level of human rights in the country, but there is little doubt that Israel and the OPTs will remain a country of concern for many years to come.