impact of child detention in occupied palestine - save the children report - march 2012 en

8/2/2019 Impact of Child Detention in Occupied Palestine - Save the Children Report - March 2012 En

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Sweden

THE IMPACT OF CHILD DETENTION:

OCCUPIED PALESTINIAN TERRITORY


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Save the Children Sweden

oPt Ofce for the Middle East and North Africa

Beit Hanina P.O. Box: 25042 Shufat

97300 Jerusalem

E-Mail: [email protected]

Website: http://mena.savethechildren.se/mena

East Jerusalem YMCA Rehabilitation Program

29 Nablus Road

P.O Box 19023 East Jerusalem

E-Mail: [email protected]

Website: http://ej-ymca.org

Save the Children Sweden & EJ-YMCA Rehabilitation Program 2012

Save the Children ghts for childrens rights. Wedeliver immediate and lasting improvements to childrenslives worldwide.

Our vision is a world in which all childrens rights are

fullled. Save the Children works for:a world which respects and values each child, a worldwhich listens to children and learns, a world where allchildren have hope and opportunity.

The East JerusalemYMCA Rehabilitation Program(EJ-YMCA RP) shall strive to enhance the living conditionsof those traumatized, tortured and injured, and those

with physical disabilities, to facilitate their integration/re-integration into society and empower them to play theirnatural role in the community development process.

Designed By: Muneer HidmiPrinted By: Modern Arab Press


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Save the Children Sweden works to protectand promote childrens rights throughout

the world. The UN Convention of theRights of the Child has always been theguide throughout our work, giving childrenthe right to express their concerns in all

freedom. Making childrens voices heard isone of the most important objectives forSave the Childrens work.Ever since the start of the rst Intifada in1987 the situation for Palestinian children

living in the occupied Palestinian territory

(oPt) has been deteriorating. Childrensright to protection, education, health andtheir right to survival and development areconstantly being threatened and violated.

In 1990 Save the Children Sweden in oPtpublished a rst report about The statusof Palestinian Children during the uprisingin the occupied territories, describing thedevastating impact collective punishment

and collective measures taken by the IsraeliAuthorities during the First Intifada onchildren and their families.During the Second Intifada in 2003, Save theChildren Sweden published the interview-

based report, One Day in Prison FeelsLike a Year; where Palestinian Children telltheir own stories about detention. Childrenfrom the West Bank spoke about the rights

violations they were subjected to in Israeli

prisons and how they saw their future. Twoother reports portraying the challengesfaced by Palestinian children were GrowingUp Under Curfew and Living Behind

Barriers Palestinian Children Speak Out.In these reports, children describe theimpact the ongoing conict had on theireveryday lives.In the present report, The Impact of Child

Detention Save the Children Sweden isagain shedding a light on the situation of

Palestinian children in detention. We seek togive Palestinian Children the opportunity to

describe in their own words the reality theylive in after being held in detention. We alsowant to ensure that childrens rights are beingupheld, therefore in the concluding sectionof the report Save the Children addressesa number of messages to the international

community, the government of Israel andthe Palestinian National Authority. We willalways strive to prevent children from beingdetained or ill-treated.

Much of the content of the reportsummarizes the ndings and results ofseveral studies that were conducted toassess the impact of detention on children,families and communities over the lastfour years. Research materials included

reports such as The Social Rehabilitationof Palestinian Child Ex-Detainees: A LongRun to Freedom, and many other studies

and fact sheets.Most of the information was gathered throughthe implementation of the Post-traumaRehabilitation of Palestinian Ex-DetaineeChildren in the West Bank Programme,which aims at facilitating the re-integration

process of ex-detainee children into theircommunities by enhancing the psychosocialwell-being and coping capacity of ex-detaineechildren. The programme is implemented

by the EJ-YMCA in partnership with Savethe Children Sweden, and funded by theEuropean Commission Humanitarian Aidand Civil Protection department (ECHO).Save the Children has much to offer tochildren living in conict areas, and is in

constant search of new ways to record anddocument its experiences and make themavailable to advocate and ght for childrens

rights.On behalf of Save the Children, I am happy

Foreword


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to extent the appreciation to all who madethis report possible:

Firstly and utmost, to all children and theirfamilies who were willing to be interviewedfor this report and who were brave enoughto share their traumatizing experiences, in

order for us to have a personal insight intothe suffering of Palestinian child detainees.Secondly, all external consultants researching

previous data and the EJ-YMCA staffmembers for their input and facilitation,especially Nader Abu Amsha, Fadia Saleh and

Mona Zaghrout, and for their contributionin implementing the programme.Thirdly, special thanks to SCS team MichelleWarriner, Simine Alam, Feletcia Saleh, DanaIsawi and Karen Mets for their support

and contribution in the development andimplementation of the programme.Furthermore, much appreciation for thesupport of ECHOs ofce in Jerusalem, and

to all authors and researchers mentionedin the bibliography: for their work andefforts for the improvement of the rights ofchildren in the oPt and all over the world.And last but not least: Sincerest thanks

to Kete N. Shabani for her dedication,devotion and enthusiasm in interviewingand transcribing childrens testimonies,analyzing data, previous ndings and thelegal frameworks as well as writing this

report.

This report is dedicated to all Palestiniandetainee and ex-detainee children, with thewish that one day they will fully enjoy thetaste of freedom.

Jerusalem, 15th of January 2012

Mr. Eyad Al ArajCountry Director,

Save the Children Sweden


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What would you like to tell the world?

I want the world to know, that they

should take care of themselves, so that

what is happening to us, wont happento them!

M. O., 12-year-old child

ex-detainee from Silwan


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LIST OF ACRONYMS AND ABBREVIATIONS

ACRI Association for Civil Rights in Israel

CAT Convention Against Torture and Other Cruel, Inhumane or Degrading

Treatment or PunishmentCBO Community-Based Organization

CRC UN Convention on the Rights of the Child

DCI-PS Defence for Children International Palestine Section

DFID UK Government Department responsible for Promoting Development andthe Reduction of Poverty

EJ-YMCA RP East Jerusalem Young Men Christians Association RehabilitationProgram

GCIV (Fourth) Geneva Convention relative to the Protection of Civilian Personsin Time of War

ICCPR International Covenant on Civil and Political Rights

IDF Israeli Defense Forces

MENAMiddleEast and North Africa Region

MoDEDA Ministry of Detainees and Ex-Detainees

MoEHE Ministry of Education and Higher Education

MoI Ministry of Interior

MoJ Ministry of Justice

MoSA Ministry of Social Affairs

NGO Non-governmental Organization

OCHA UN Ofce for the Coordination of Humanitarian Affairs

oPtoccupied Palestinian territoryPCL Palestinian Child Law

PLO Palestinian Liberation Organisation

PNA, PA Palestinian National Authority

SC Save the Children

SCS Save the Children Sweden

UDHR Universal Declaration of Human Rights

UN United Nations


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Chapter 1

Chapter 2

Introduction ............................................................................................................................................................................ 10

ChildDevelopmentAndBasicNeeds .............................................................................................................. 11

MethodologyAndObjectives .................................................................................................................................. 12

ChildrenInArmedConict ...................................................................................................................................... 15

ChildrenInTheOccupied PalestinianTerritories ................................................................................. 16

DetainedChildrenAndChild Ex-Detainees ............................................................................................. 17

Brieng: ResponseApproach .................................................................................................................................. 41

SaveTheChildrenSwedensWorkApproach ........................................................................................... 41

EJ-YMCAsWorkApproach ....................................................................................................................................... 43

LegalFramework: Detention................................................................................................................................... 19

InternationalLaw............................................................................................................................................................... 19

NationalLegislativeFramework.......................................................................................................................... 24

Israel ............................................................................................................................................................................................. 24

WestBank.............................................................................................................................................................................. 24

EastJerusalem ...................................................................................................................................................................... 26

PalestinianNationalAuthority .............................................................................................................................. 29

SaveThe

Childrens

Work

Regarding

Juvenile

Justice

Under

Palestinian

Jurisdiction

33

ChildProtectionThroughArtAndLiterature ......................................................................................... 33

ChildJustice .......................................................................................................................................................................... 34

PsychosocialRehabilitation OfChildrenInConictWithTheLaw ..................................... 34

Role OfMajorDuty-Bearers .................................................................................................................................. 35

IsraeliAuthorities ............................................................................................................................................................... 35

GovernmentalDuty-Bearers: MoDEDA, MoSAAndMoEHE ...................................................... 36

FamilyUnit ............................................................................................................................................................................. 36

CivilSocietyActors ......................................................................................................................................................... 37

LessonsLearnedAndRecommendations ................................................................................................... 38

Table Of Contents

Chapter 3


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Chapter 4

Role OfCommunityInRe-IntegrationProcess....................................................................................... 72

LessonsLearnedAndRecommendations.......................................................................................................73

Chapter 6

PsychosocialResponse...................................................................................................................................................62

ThePost-TraumaRehabilitation OfPalestinianEx-DetaineeChildrenInTheWestBankProgramme...................................................................................................................................... 62

Areas OfInterventionAnd GeographicalDistribution OfBeneciaries.......................... 64

Recruitment OfBeneciariesAndProblems.............................................................................................. 66

CounsellingApproach..................................................................................................................................................... 68ChildFocused: Psychosocial, Educational, Career-Focused............................................................ 68

FamilyIntervention........................................................................................................................................................... 68

Impact OfRehabilitation.............................................................................................................................................. 69

Impact OfChildDetention ....................................................................................................................................... 46

Impact OfChildDetentionOnChildren ..................................................................................................... 49

ChildrensRightTo SocialAndCulturalLife ................................................................................................ 51

ChildrensRightTo ProtectionFromFamilySeparation .................................................................. 52

EducationAndCareer ................................................................................................................................................... 53

Impact OfChildDetentionOnFamilies................................................................................................................ 57

Impact OfChildDetentionOnCommunities .......................................................................................... 59

Chapter 5

Conclusion.............................................................................................................................................................................. 73

Limitations............................................................................................................................................................................... 74

Bibliography............................................................................................................................................................................ 75

Chapter 7


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This caricature was drawn by the ex-detainee child Hasan Abadi


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What it feels like to live here you ask? Its like being a

shadow of your own, caught on the ground, not being able

to break out and you see yourself lying there, but you

cannot ll the shadow with life.

R. R., detained at the age of 17

Picturetakenbyanex-detaineeboy.


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UNCRC Principles

Childrens rights

are:

Universal

Indivisible

Inalienable

Introduction

Childhood: While all adults go through thisphase, it seems to be a distant memory for

most of them. The question ofwho a childis and where childhood begins and ends isa complex one. Under the UN Conventionon the Rights of the Child (CRC), all humansunder the age of 18 are to be consideredas children, unless the relevant national lawcan be applied to children of a younger age.This denition includes stages of maturitysuch as adolescence and youth.

Israel ratied the CRC in 1991 its contentis in line with the legislation and denitions

when applied toIsraeli citizens, butin contradictionto the lawwhen appliedto Palestinians.The CRC is a

milestone in theprotection andacknowledgement

of childrens rights. It is the rst timeinternational law has acknowledged childrenas independent human beings with rightsof their own, and not simply as propertyof their parents. Within the 54 articles ofthe CRC, the status of children as rights-bearers was consolidated for the rst time

in the frame of an international instrumentthat is legally binding. The CRC embodiesthe four following principles: childrensrights are universal (they apply to everychild regardless of race, sex, religion orpolitical views), they are indivisible (thereis no hierarchy within the rights, they areequally important and interdependent) andinalienable (children have those rights;

they cannot be taken from them). Overall,these rights are unconditional;

children do not have to behave in a certainway or meet certain demands in order tomerit their rights. They apply to everychild without any limitations or conditions.Nevertheless, a supportive environment isneeded to cater for the rights of the childas stated in the Convention.

In past centuries, a child was perceived

simply as a miniature version of an adultand the concept of the developmental stageof childhood was widely unrecognised.Today, this perspective, especially with theestablishment of the CRC, has changed, butis still far from being satisfactory; a child hasto be regarded as a human being with specialneeds, specic rights, a person with a lowerlevel of maturity and, therefore, in need ofdistinctive attention and protection.1

1 Speech by Ms Maud de Boer-Buquicchio, Deputy

(...) a child means everyhuman being below the ageof eighteen years unlessunder the law applicable tothe child, majority is attainedearlier.Article 1, UNCRC

Children are not mini-people. They have rights- not mini-rights. Maud deBoer Buquicchio, Deputy SecretaryGeneral, Council of Europe1


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This report aims at giving an insight into thetreatment of children in armed conict, witha primary focus on children in detention.The rst chapter gives an overview ofinternational and national legislative

frameworks that apply to the situation ofPalestinian children in detention, followedby an identication of major duty-bearersand their responsibilities. The second partof the investigation will address the impactof detention on a) children, b) their familiesand c) their respective communities. Thesendings are based on in-depth interviewsand focus groups with children from

all over the West Bank, including East Jerusalem. The third component will givean overview on psychosocial responses,as provided by Save the Children and theEJ-YMCA, whereas the last part discussesthe role of community in the re-integrationprocess of children and presents a list ofrecommendations when dealing with thissubject.

Child Developmentand Basic Needs

Children go through differentstages of development. The Swisspsychologist, Jean Piaget, viewed thecognitive developmental stages as aconstant re-construction of cognitive

abilities provoked by external stimuli.2

Furthermore, childhood is regarded as ahighly diverse life phase and is not simplyinuenced and shaped by biological orpsychological stimuli and processes, but

Secretary General of the Council of Europe. Heading tothe Justice for children Decade? FRA Conference on

Ensuring justice and protection for all children, Brussels,7-8 December 2010. URL: http://www.fra.europa.eu/fraWebsite/attachments/FRC10_speech_Maud%20de%20

Boer%20Buquicchio.pdf (last access: 24th

June 2011)2 Piaget, J. and Inhelder, B. (1966). The Psychology of theChild. London: Routledge & Keegan Paul.

also, and more importantly, by personaland environmental factors. Inconict regions, children are exposedto very disruptive external factors thathave a huge impact on their personal

life, development and environment.According to the American psychologist,Abraham H. Maslow, every human beingis motivated by his or her needs andthese needs have different categories

and hierarchy levels. His main premiseis that adults and, to a greater extent,children have to have their lower-levelor basic needs be met in order to moveon to higher needs. Hence, if low-level

needs such as food, clothing, water,sleep, and safety are not met, reachinghigher-level needs becomes moredifcult and, therefore, our potential inall areas of development is more likelyto encounter stagnation.3 Furthermore,under stressful conditions, or whensurvival is threatened, one can regressto a lower need level.

3

Maslow, A. H. (1954). Motivation and Personality. NewYork: Harper & Row. 15-31.

Interpretation of Maslows pyramid of needs as applicable to children

Self-actualization

Morality, creativity.

spontaneity

Esteem

Self-esteem, condence, achievement,

respect of others, respect by others

Social/Group Belonging

Friendship. family

Safety

Security of the body. resources, morality. the family, health,

property

PhysiologicalBreathing, food, water, sleep, adaptation of the body to the external temperature, excretion


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Other crucial factors in thedevelopment of children are: trustingrelationships, positive guidanceby family or a healthy environment,a secure and stable environment

itself, play and leisure to develop anddiscover personal abilities, as well asthe structures and working processesof their surroundings. In armed conictregions, or in (chronic) emergencysituations, these needs are severely andcontinuously put in danger, leading to adisruptive environment and thereforeto a far from ideal frame for the healthy

development of children.

Methodology and

Objectives

The ndings of this report are based onthe following methodological approach:

Desk review and focus groupdiscussions

Firstly, relevant literature, reports, surveys,statistics and background information byvarious sources have been reviewed.

Further, the report is based onbackground documents on detainedand formerly detained children, which

Save the Children and the EJ-YMCAcollected and analyzed for the evaluationof the Post-trauma Rehabilitation ofPalestinian Ex-detainee Childrenin the West Bank Programme.Hereunder fall:

The Baseline Study, whichwas conducted in June 2009,and involved 186 ex-detainee

children, 104 families and 58

members of CBOs; The Post Assessment Survey,

which was conducted in May2010 and involved 173 ex-detainee children, 89 families

and 73 members of CBOs; The Mid-term Evaluation

report, which was conducted inMarch 2011 and involved 38 ex-detainee children, 39 mothersof ex-detainee children as wellas in-depth interviews withprogramme counsellors andCBO members;

The Final Evaluation report,which was conducted in June2011 and involved 39 ex-detainee children.

One major component was the FinalEvaluation, which includes a seriesof focus group discussions with ex-detainees, EJ-YMCA counsellors, schoolcounsellors, and community membersselected from 11 districts. Furthermore,individual interviews were conductedwith Save the Children, MoDEDA,MoSA, TRC and DCI-PS. In additionto focus groups with programmecounsellors, school counsellors, andCBO participants, they were asked tocomplete a survey before the start ofthe focus groups to estimate percent

agreement on key issues, and to verifyconclusions drawn from focus groups.

Internal database review

For this report, the EJ-YMCAs progress

and monthly reports, as well as the

internal database of beneciaries and

achievements of the programme, have

been taken into consideration.


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In-depth interviewsAdditionally, in-depth interviews withex-detainee children from all over theWest Bank, including from the areas ofTulkarem (1), Qualqiliya (1), Jerusalem

(1), Ramallah (1), Hebron (1), Bethlehem(2) and Jenin (1) as well as in-depthinterviews with families of ex-detaineechildren from the areas Jerusalem (1),Jenin (1), Hebron (1) and Bethlehem (1)were conducted and will give an insightinto individual experiences.

The analysis of the post-detention

consequences for this report wasbroken down into ve main categoriesof childrens environment based on vemain childrens rights: childrens right towell-being, right to education, the rightto protection from family separation,right to social and cultural life, andright to future professional career (seedepiction below).

The aim of this report is to examineand present the impact of detention onchildren, families and their communities,as well as to present the ndings

on the impact of the Post-traumaRehabilitation of Palestinian Ex-detainee Children in the West

Bank Programme. In addition, thereport aims to inform policy-makersto better support detainees andex-detainee children and stimulateadvocacy to protect these childrenthrough legislation and policy.

Lastly, this report is a call to endthe arbitrary arrest and detention

of children less than 18 years of

age and to release those detained

without cause and those detained on

baseless charges, in adherence to the

change of the Israeli military order

that denes the age of a child.4

4 Haaretz. (October, 2011). URL: http://www.haaretz.com/

print-edition/news/following-criticism-idf-raises-age-for-palestinians-to-be-tried-as-minors-to-18-1.388197 (lastaccess: October 13, 2011)

Right topsychosocialwell-being of

the child

Following a child-rights based approach the various effects of detention have beenbroken down into ve main categories referring to ve basic child rights;

Right to haveand enjoy a

family

Right tosocial andcultural life

Right toeducation

Right tofuture

professionalcareer


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He (the soldier raiding the house) told my father:

Bring him in or we will shoot him.

H. Y., detained at the age of 17




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5

As mentioned previously, child protection,regardless of the nationality of the childrenin question, needs a special focus worldwide.More specically, with regard to childrenengrossed in armed conict, the measuresand efforts put into the protection ofchild rights are of the utmost importance.Children seek protection in their networksof social support, in a stable and secureenvironment and in the encouragementand understanding of their surroundings.

However, new political, economic and socialrealities in conict-ridden societies/regions,or in (chronic) emergency situations,severely threaten the well-being of children.They undermine the external factors ofa childs life, weakening or completelydestroying what is needed in order toensure a healthy environment for the mostvulnerable societal demographic, children.Political crisis and socioeconomic collapseform the patterns and characteristics ofcontemporary armed conicts. It is whenpublic order is disintegrated, that a wholesociety, and children in particular, areexposed to the harmful consequences ofarmed conicts, i.e. major physical, moral,cultural, human and social destruction.Children can be killed, injured, maimed,permanently disabled, arrested or detained

during combats and clashes with militaryforces. Huge numbers of children in armedconict regions are deprived of their basicmaterial and emotional needs and torn fromfunctioning families and social structures,adding to their psychological misery. War,armed conicts and/or emergencies erode

5 Graca Machel for UNICEF (2001). The Impact of Waron Children: A Review of Progress Since the 1996 United

Nations Report on the Impact of Armed Conict onChildren. URL: http://www.unicef.org/graca/ (last access:June 19, 2011)

every right of a child, as stated in the CRC.The right to life, the right to be with their

family and community, the right to health,the right to the development of personalityand the right to nutrition and protectionare the primary concerns, but are by nomeans the only rights which war and armedconict infringe upon.2005 was a groundbreaking periodof development, concerning theacknowledgment of the suffering of childrenin armed conict. It was then, that the UN

established a monitoring and reportingmechanism (MRM), with Resolution 1612,

Many people around theglobe say that we are raisedfor war, in order to justifyactions against our people.To those I want to say: wewere born and raised in anever ending war.

Palestinian Child

Children in Armed conict



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to report on grave violations againstchildren in armed conict. The monitoredviolations include: killing and maiming;recruitment and use of children, attacks onschools or hospitals, rape or other forms

of sexual violence, abduction of childrenand the denial of humanitarian access.In addition to these violations, the MRMWorking Group in oPt collects data onforced displacement, arrest and detention.

Children in the occupied

Palestinian territories

The situation in the oPt remains alarming.Out of the total population of 4.05 Million,41.3% are children under the age of 15.6 At2.9%, the Palestinian territories have one ofthe highest rates of natural increase in theworld. Needless to say, the pernicious

6 Palestinian Central Bureau of Statistics: Child StatisticsSeries (No. 14, 2011). Palestinian Children - Issues and

Statistics Annual Report, 2011. URL: http://www.pcbs.gov.ps/Portals/_PCBS/Downloads/book1740.pdf (last access:June 22, 2011)

nature of armed conict has a negativeimpact on the lives and the development ofchildren. In fact, the ongoing conict and theinstability it produces affects childrenslives in all aspects. They are subjected

to a number of violations of their rightson a daily basis, including killing, maiming,torture, abitrary arrest and detention, homedemolitions, discrimination, harassment and

restrictions of the movement of people andgoods. They are also vulnerable to violencein their communities, homes and schools.7In addition to the political circumstances inwhich Palestinian children have to grow up

in, socioeconomic factors only add to themisery: 11% of children under the age of 5suffer from chronic malnutrition. In 2010,80.1% of Palestinian households had one ormore children, out of which 26.9% of thosechildren lived in poverty and more thanhalf of them lived in deep poverty.8

7 Save the Children, Programme Summary 2011, URL:http://mena.savethechildren.se/PageFiles/3827/SCS%20OPT%20Programme%20Summary%202011.pdf (last access:

September 17, 2011)8 Palestinian Central Bureau of Statistics: Child StatisticsSeries (No. 14, 2011). Palestinian Children - Issues and

Statistics Annual Report, 2011. URL: http://www.pcbs.gov.ps/Portals/_PCBS/Downloads/book1740.pdf (last access:June 22, 2011)

Total number of Palestinian children in Israeli detention at the end of

each month since Jan 2008 (Note: These gures are not cumulative)

Source: DCI-PS Detention Bulletin, Issue 23, November 2011

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

2008 327 307 325 327 337 323 324 293 304 297 327 342

2009 389 423 420 391 346 355 342 339 326 325 306 305

2010 318 343 342 335 305 291 284 286 269 256 228 213

2011 222 221 226 220 211 209 202 180 164 150 161

050

100150200250300

350400450

NumberofPal.children

in34raelide5en

6on


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Detained children and

child ex-detainees

Thousands of Palestinian children have

been affected by violence related to armedconict. The onset of the Palestinian uprisingin September 2000 resulted in prolongedexposure to a staggering array of extremepolitical stressors, ranging from relentlesspunitive measures imposed on the occupantsof the territories to the pervasive traumaticexperiences of losses of life or limb, lossesof freedom (e.g. detention), and losses ofproperty (e.g. demolition of houses). Among

those who were affected were childrenwho were arrested and detained in Israeliprisons. Since the commencement of thesecond Palestinian uprising in 2000, theIsraeli military forces have arrested anddetained over 80009 Palestinian children,many of which are as young as 12 years old.These children are interrogated, arrestedand prosecuted in the Israeli military courtsystem. Cases of ill-treatment, torture

and physical and verbal harassment duringdetention, although alarming, are frequentlyreported.10 Usually children are arrested atnight or in the early morning. Blindfoldedand with their hands tied behind their backs,they often are forcibly taken, either to Israeliprisons or settlements within the West Bankfor interrogations. These interviews, almostalways take place without the childs lawyeror parents present. While in most cases the

allegations concern stone throwing, a generalopacity about the quality (or existence) of theevidence regarding these and other chargesremains. The way minors are treated byIsraeli military forces and courts is in serious

9 The total estimation derives from an estimated numberof 700 detained Palestinian children per year. This number

is based on the gures provided by the Israel Prison Service(IPS) and Defence for Children International - PalestineSection (DCI-PS)10

Defence for Children International - Palestine Section(March 2011). Palestinian Child Prisoners. Hearing EuropeanParliament Sub-Committee on Human Rights.

violation of the UN Convention on the Rightsof the Child, the Fourth Geneva Convention,the UN Convention Against Torture and,

in the case of East Jerusalem, against theIsraeli Youth Law and a vast number of otherhuman rights instruments. Detention is avery stressful experience for children, usuallyaffecting their psychological well-being, withlong lasting implications, which indicates aneed for a special intervention.11

11 Mid-term Evaluation Report (March 2011). Save theChildren-Sweden & EJ-YMCA Rehabilitation Program. Post-

trauma Rehabilitation of Palestinian Ex-detainee Children inthe West Bank Programme.

In 2010 alone, 1,200 Palestinian children were

investigated on suspicion of throwing stones.

The youngest boy detained in 2011 in East

Jerusalem was 7 years old.


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In prison you function like a robot. There, you dont have a

name, you only have a number.

D. S., detained at the age of 17

Pictureta

kenbyanex-detaineeboy.


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Legal framework:

Detention

The detention issue can be regarded both

from the perspective of International Lawand the national legislative framework.This includes domestic law policies in East

Jerusalem, the military orders that governthe occupied Palestinian territories andlaws under the PNA. The following chapterwill examine all of these aforementioned

legislative sectors.

International Law

There are several legal instruments on theinternational level that apply to childrenin detention (see list). However, the legalframework for child detainees is primarilycovered by the CRC. The convention

strongly condemns the arrest and detentionof minors. In addition, the Best-interestprinciple e.g. decisions that are beingtaken that could have an effect on childrenslives has to have the childs welfare as aparamount consideration the CRC statesin article 37b:12

12UN Convention on the Rights of the Child, Article37b. URL: http://www2.ohchr.org/english/law/crc.htm (last

access: September 4, 2011

The Convention on the Rights of theChild was made available to signatories in

1989. Up to this date, the CRC is the mostwidely acknowledged UN treaty, with only

International Law applicable to thesituation of detained Palestinian

children:UDHR, 1948: Universal Declaration ofHuman Rights

GCIV, 1949: (Fourth) Geneva Conventionrelative to the Protection of Civilian Personsin Time of War

1955: Standard Minimum Rules for theTreatment of Prisoners

ICCPR, 1966: International Covenant onCivil and Political Rights

CAT, 1984: Convention against Tortureand Other Cruel, Inhuman or DegradingTreatment or Punishment

Beijing Rules, 1985:Minimum Rules for theAdministration of Juvenile Justice

1988:Body of Principles for the Protectionof All Persons under Any form of Detentionor Imprisonment

CRC, 1989:Convention on the Rights ofthe Child

Riyadh Guidelines, 1990: Guidelines forthe Prevention of Juvenile Delinquency

1990: Basic Principles for the Treatment ofPrisoners

1990:Rules for the Protection of JuvenilesDeprived of their Liberty

No child shall be deprived of

his or her liberty unlawfully or

arbitrarily. The arrest, detention

or imprisonment of a childshall be in conformity with the

law and shall be used only as a

measure of last resort and for

the shortest appropriate period

of time. 12

Best-interest of the child

CRC, Article 3

1. In all actions concerningchildren, whether undertaken

by public or private socialwelfare institutions, courts of

law, administrative authoritiesor legislative bodies, the best

interests of the child shall be aprimary consideration.


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the USA and Somalia failing to ratify the

convention.

Although Israel ratied the CRC in 1991, the

realization of its content is fundamentally

inconsistent with the reality regarding

Israels treatment of detained Palestinian

children. Whereas the CRC considers all

humans under the age of 18 to be children,

the Israeli Military Law that was

applied to Palestinian children until

October 2011, dened a child as a

person below 12 years of age, youth

from 12 to 14 years, from 14 to 16

young adults and the age for theconsideration of an adult was over

16.13

As mentioned before, this law has

recently been amended to dene an

adult as a person over 18 years of

age.

However, the detention of children in theWest Bank remains a systemized procedure.

An average of 200-300 children is held in

detention on a monthly basis.

Another legal instrument applicable to

the context of child detention is the UN

Convention Against Torture (CAT), as

torture or ill-treatment during detention

are reported in a huge number of cases.14

Torture is dened in the rst article of theConvention Against Torture (CAT) as:

sanctions.15

13 Defence for Children International - Palestine Section

(2007). Palestinian Child Prisoners.14 Defence for Children International - Palestine Section2007. Palestinian Child Prisoners

15 UN Convention Against Torture, Article 1. URL:http://www2.ohchr.org/english/law/cat.htm (last access:September 4, 2011)

Thus, four conditions constitute

torture:

1. Severe pain or suffering (whetherphysical or mental)

2. Intentionality of iniction3. Intent to achieve one of the

purposes mentioned, includingobtaining information and/or aconfession

experiences such as torture and ill-

treatment will have a bigger effect ontheir personality, and emotional andpsychological well-being. Amongst manyothers, one major issue facing Palestinianchildren in detention is the separationfrom their families. According to the CRC,every child deprived of his or her libertyshall have the right to maintain

contact with his or her family through

(...) any act by which severe painor suffering, whether physical ormental, is intentionally inictedon a person for such purposesas obtaining from him or a thirdperson information or a confession,punishing him for an act he or athird person has committed or issuspected of having committed,or intimidating or coercing himor a third person, or for anyreason based on discriminationof any kind, when such pain orsuffering is inicted by or at theinstigation of or with the consent

or acquiescence of a public ofcialor other person acting in an ofcialcapacity. It does not include painor suffering arising only from,inherent in or incidental to lawfulsanctions.15

Thus, four conditions constitute

torture:

1. Severe pain or suffering (whetherphysical or mental)

2. Intentionality of iniction

3. Intent to achieve one of the

purposes mentioned, including

obtaining information and/or a

confession

4. Done by, or with the acquiescence

of, a public ofcial

Children subjected to torture suffer from

various post-traumatic effects: isolation,

insomnia, anxiety, emotional and mental

scars, stress disorder, anti-social behaviour,

violence against younger siblings and

children the list is extensive. The impact

torture has on children is far more severe


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correspondence and visits16. However, most Palestinian children are held in detentioncentres inside of Israel, where their parents are unable to visit them because of difcultiesin getting a permit to travel to Israel, or nancial implications that travel there would entail.This is a breach of the Fourth Geneva Convention, which denes humanitarian protectionof civilians in a war zone and which strongly prohibits the forcible transfer and deportation

of protected persons17outside the occupied territories.18 As a result, families have to applyfor permission, which is denied in most cases.

The following table19 gives an overview of all principles and rights that are applicableto the situation of Palestinian child detainees and the violations thereof: Voices of ex-detainees20

16 UN Convention on the Rights of the Child, Article 37c. URL: http://www2.ohchr.org/english/law/crc.htm (last access:September 4, 2011)17 The Geneva Convention denes protected persons in Article 4 as follows: Persons protected by the Convention are those

who, at a given moment and in any manner whatsoever, nd themselves, in case of a conict or occupation, in the hands of a Party

to the conict or Occupying Power of which they are not nationals . URL: http://www.icrc.org/ihl.nsf/FULL/380?OpenDocument(last access: September 4, 2011)18 Fourth Geneva Convention, Article 49. URL: http://www.icrc.org/ihl.nsf/FULL/380?OpenDocument (last access: September4, 2011)19 Table changed and amended, original to be found in: Cook, C., Hanieh, A., Kay, A (2004). Stolen Youth. The Politics

of Israels detention of Palestinian children. London: Pluto Press. 36f.20 All statements were given by ex-detainee children, who were interviewed for this report. The testimonies are attached intheir fulllengths in the appendix of this report

Right/PrincipleHuman Rights Instrument

and Article

General Principles

Best-interest principle CRC, Art. 3.1

Last-resort principle CRC, Art. 37b

Principle of non-discrimination ICCPR, Art. 2.1 / CRC, Art. 2 /Standard Minimum Rules, 6.1

Right to be presumed innocent until

proven guilty

UDHR, Art. 11 / CRC, Art. 40.2 b.i/ Standard Minimum Rules, 84.2

The aim of punitive measures are

rehabilitation and reformation

ICCPR, Art. 10.3 / CRC, Art. 40.1

Children shall be accorded treatment

appropriate to their age and legal status

ICCPR, Art. 10.3 / CRC, Art. 37c

Child-specic laws, procedures,

authorities and institutions should be

established

CRC, Art. 40.3

than it is on adults, as they are still in thedevelopmental stages of their personality.As children have a much lower pain thresholdthan adults, traumatic experiences such astorture and ill-treatment will have a bigger

effect on their personality, and emotionaland psychological well-being. Amongstmany others, one major issue facing

Palestinian children in detention is the

separation from their families. According

to the CRC, every child deprived of hisor her liberty shall have the right tomaintain contact with his or her family

through correspondence and visits16.

However, most Palestinian children are heldin detention centres inside of Israel, wheretheir parents are unable to visit thembecause of difculties in getting a permit totravel to Israel, or nancial implications that

travel there would entail. This is a breachof the Fourth Geneva Convention, whichdenes humanitarian protection of civiliansin a war zone and which strongly prohibitsthe forcible transfer and deportation ofprotected persons17outside the occupiedterritories.18 As a result, families have toapply for permission, which is denied inmost cases.


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Special measures shall be available toensure that children are dealt with in amanner appropriate to their well-being andproportionate both to their circumstances andthe offence (examples of special measuresinclude: care, guidance, and supervision orders,

counselling, probation, foster care, educationand vocational training programmes and otheralternatives to institutional care)

CRC, Art. 40.4

Right to maintain communication with widercommunity, including family and legal counsel

CRC, Art. 37c / Beijing Rules, 26.5/ UN Rules for the Protection of

Juveniles Deprived of their Liberty59-62

Rights Regarding Treatment

Right to be free from torture, cruel, inhuman,and degrading treatment or punishment

UDHR, Art. 5 / ICCPR, Art. 7 /CRC, Art. 37a / CAT

Right to be treated with humanity and respectfor the inherent dignity of the human person

ICCPR, Art. 10.1 / CRC, Art. 37c

Carrying and use of weapons by personnelshould be prohibited in any facility where

juveniles are detained

UN Rules for the Protection ofJuveniles Deprived of their Liberty,65

Disciplinary measures constituting cruel,inhuman or degrading treatment shallbe strictly prohibited, including corporalpunishment, placement in a dark cell, closed orsolitary connement or any other punishmentthat may compromise the physical or mentalhealth of the juvenile concerned.


Rights Regarding Arrest Procedures

Prohibition on arbitrary arrest or detention UDHR, Art. 9 / ICCPR, Art. 9.1 /

CRC, Art. 37bRight to be promptly brought to court to seeif detention is lawful

ICCPR, Art. 9.4 / CRC, Art. 37d

Right to be informed of reasons for arrest ICCPR, Art. 9.2

Right to know of any charges ICCPR, Art. 9.2 / CRC, Art. 40.2b.ii

He (the soldier) ceased

the moment, started

hitting me on our way

out, pushing me against

the wall

At court, I was invisible,

nobody would talk to me

or let alone tell me the

charges against me ()

The rst time I wassent to court, was after

one week ()

There was no information

about what they charged

me with ()

My parents wereallowed to come onlyonce: I didnt see them,because it was the daythey transferred me()

Voices of

ex-detainees20


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23

Right to a defence and legal counsel UDHR, Art. 11 (1) / CRC, Art. 37d/ Beijing Rules, 15.1

Right not to be compelled to confess CRC, Art. 40.2b.iv

Rights Regarding Judicial Proceedings

Non-judicial proceedings should be usedwhenever possible when dealing with children

CRC, Art. 40.3b

Right to fair trial by impartial legal body UDHR, Art. 10 / CRC, Art. 40.1b.iii

Right to have case adjudicated as quickly aspossible

ICCPR, Art. 10.2b / CRC, Art.40.2b.iii

Right to appeal CRC, Art. 40.2b.v

Rights Regarding Pre-Trial and Post-Trial Detention

No detention with convicted persons whilepending trial

ICCPR, Art. 10.2a / StandardMinimum Rules, 8b

No detention with adults while pending trial ICCPR, Art. 10.2b / CRC, Art. 37c /Standard Minimum Rules, 8d

No detention with adults after sentencing ICCPR, Art. 10.3 / CRC, Art. 37c /Standard Minimum Rules, 8d

Detention with same category of prisoners Standard Minimum Rules, 8

Conditions of detention shall be hygienic Standard Minimum Rules, 12-13

Right to medical care UN Rules for the Protection of

Juveniles Deprived of their Liberty,49-55 / Beijing Rules 26.2

Detainees shall be provided food sufcientfor maintaining good health; food should be ofquality and well prepared

Standard Minimum Rules, 20.1

Right to practice religion while detained Standard Minimum Rules, 41-42

Right to pursue education while detained UN Rules for the Protection ofJuveniles Deprived of their Liberty,38 / Beijing Rules, 26.2, StandardMinimum Rules, 77

Right to pursue vocational training UN Rules for the Protection of Juveniles Deprived of their Liberty,42

Right to recreation and daily exercise in openair, where possible


Every three months wewill add three months

more, until you confess,

the interrogator said. I

was scared to end up in

prison my whole life, so

I confessed on the last

day.

I have a problem with myrespiratory system whichleads to major breathingproblems (). I got sickin prison () but myrequest to see a doctornever went through.

We had no educationwhatsoever in prison. We

didnt even have books. All

that we could do was sleep

and eat, think, think and

think some more ()

That was the last time I

saw the sun. I stayed for 20

days in Jalameh in a dark

cell without any sunlight

and was never allowed to

go outside.

() the food smelledbad, nobody ate anything,it was not only bad butalso just a tiny portion.

I stayed () in a tinycell with six other olderinmates.

() there was no lawyer,

no judge, no nothing.


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This chapter explains the national legislativeframework and the differences betweenlaws applied to children in East Jerusalemand those living under occupation in theWest Bank.

Israel

Following the year 1967 and with it thestart of the Israeli occupation, Israel seized

control over the West Bank and the GazaStrip, thereby imposing a huge numberof military orders. Only East Jerusalemsubmits to the Israeli Domestic Law.Therefore different rules apply to childrenin the West Bank and in East Jerusalem.

West Bank

The military courts in the West Bank are notintended to function as a comprehensivelegal system. They must be understoodas the judicial arm21 of the occupyingpower, which means that the emphasislies more on security than on justice.Its purpose lies in imposing the Israeliperception of security on the Palestinianpopulation in the occupied areas. This

also explains why they lack the necessarytools to target root causes, instead onlyissuing punishment sentences (other thanrehabilitation and general deterrence thiscould include probation service, public or

community services and other alternatives

to detention, imprisonment and nes).

21 Weill, S. International Review of the Red Cross. The judicial arm of the occupation: The Israeli military courts

in the occupied territory. Volume 89, Number 866. URL:http://www.icrc.org/eng/assets/les/other/irrc_866_weill.pdf (last access: September 18, 2011)

Children arrested by Israeli military

personnel are perceived as offenders against

the security of the Israeli State and are

subsequently prosecuted under the Israeli

military system in military courts; a systemwhich also prosecutes Palestinian adults.

Until October 2011, Israeli Military Order

1676 (former Military Order 132) dened a

Palestinian child as a person under the age

of 16, and those children over the age of

16 were sentenced and put in prisons with

adults.22 Following the pressure of various

human rights organizations, Israel changed

this order to dene all persons under the ageof 18 as children.23 Palestinian children are

subjected to the same arrest, interrogation,

trial and imprisonment procedures asadults. The Military Law as applied to

22 No legal frontiers. URL: http://nolegalfrontiers.org/en/

general-information/juvenile-military-courts (last access:August 17, 2011).23 Haaretz. (October, 2011). URL: http://www.haaretz.

com/print-edition/news/following-criticism-idf-raises-age-for-palestinians-to-be-tried-as-minors-to-18-1.388197 (lastaccess: October 13, 2011)

IDF soldiers detained H. Y. in the middle ofthe night. Up to this day rie marks on thedoor remind the family of the invasion ofdozens of masked soldiers into their house.

National legislative framework


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25

A. D. was detained for 20 months at the age

of 15 years. Regarding her time after releaseshe says: I was very introverted and isolated;I never wanted to go out and meet people.

the occupied Palestinian territoriesdiffers from the Law applied in theState of Israel. For example, theperiod of time a detainee can be heldin detention before being brought

before a court is 8 days, comparedto 24 hours under Israeli domesticlaw and a maximum of 12 hours forminors under 14 years of age.24 Also,while a Palestinian detainee from theoPt can be held in detention pending thecompletion of his or her trial for up to twoyears, in Israel this period is limited to amaximum of 9 months.Until recently , the age of majority for Israelis

was different from the age of majority forPalestinians in the oPt. While the denitionof a child under Israeli domestic law isin harmony with the CRC, the age whenPalestinians in the West Bank are consideredto be adults before the law was 16, untilOctober 2011, when the Israelis succumbedto international pressure and petitions byhumanitarian organizations, to raise the agefor Palestinians to be treated as minors upto 18.25 In almost all cases, children detainedin the West Bank are transferred to prisonsand detention centres within Israel, whichcreates considerable obstacles for familiesto visit child detainees, as they need permitsto enter the State of Israel, which in mostcases are denied to them. It has to beemphasized that the transfer of detaineesoutside the occupied area breachesInternational Law, more particularly theFourth Geneva Convention.

Under military law, any soldieris authorized to arrest personssuspected of violating the order

without a warrant. The procedure ofthese arrests is usually severe: in almostall cases, dozens of armed, often disguised

24 No legal frontiers, URL: http://nolegalfrontiers.org/en/

general-information/the-military-courts (last access: August17, 2011).25 Haaretz. (October, 2011). URL: http://www.haaretz.

com/print-edition/news/following-criticism-idf-raises-age-for-palestinians-to-be-tried-as-minors-to-18-1.388197 (lastaccess: October 13, 2011)

soldiers burst noisily into the familyshouse; they conduct searches and drag thesuspect out of his or her bed. Blindfoldedand handcuffed, the suspects are then takenfor interrogations to detention centres.The style of these arrests does not

take personal circumstances or thelevel of offence into consideration;minors suspected of stone throwingare treated in the same way as adultssuspected of terrorism.

A huge difference can also be found wheninspecting the judicial treatment ofsettlers inhabitants of settlements thatare considered illegal under InternationalLaw. Although the security legislationempowers the judiciary in the West Bankto try any person who commits an offencewithin their area or jurisdiction, practicallythe military courts deal solely with casesrelating to Palestinian residents, while casesinvolving settlers (whether allegationsconcern criminal or security offences)are dealt with in the civilian courts withinIsrael.


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In East Jerusalem the treatment ofdetained minors routinely contravenes the

Youth Law, as amended in 2008. Since Israelconsiders East Jerusalem to be annexed,its inhabitants are therefore bound to theDomestic Law of Israel. The Youth Law wasamended in 2008 to bring Israeli statutorylaw on the adjudication of juveniles in linewith international law.In 2010 alone, 1,200 Palestinian minorswere investigated on suspicion of throwingstones, according to a report by the

Association on Civil Rights in Israel (ACRI)on the violations of the Youth Law in East

Jerusalem.26 The Youth Law grants specialprotection to minors; for example, a minorsuspected of committing a criminal offenceis entitled to consult with a parent oranother relative prior to being interrogated,and to have the parent or relativepresent during interrogation. Article 9f(a)

emphasizes that A minor suspected ofcommitting a criminal offence will besummoned for questioning and will

be interrogated with the knowledge

of his parent (). Generally, summonsgiven out to minors are a rarity in East

Jerusalem. Almost all cases researched byACRI, as well as those investigated by Savethe Children, indicate that the childrenwere either taken from their homes in the

middle of the night or arrested on theirway to school.

The Law also prohibits interrogatinga minor at night by stating that a minorshould not be arrested if the objective can

26Association for Civil Rights in Israel (ACRI) (March

2011). Violations of the Youth Law (Adjudication,

Punishment and Methods of Treatment) 1971

by the Israeli Police in East Jerusalem. URL: http:// www.acri.org.il/en/?p=2428 (last access: August 21,

2011)

be achieved in a less harmful way. However,this part does not address the detention

but only the interrogation of a child. Thelaw prohibits the interrogation of a minorat night, except in instances when thequestioning is conducted at the time theminor is detained, or with the consent ofthe minor and his or her parent, or whenit concerns a serious offence. Accordingto ACRIs report, some of the parentswere willing to bring the minors in forinterrogation the next morning, making a

night arrest unnecessary. Both the ACRIreport, and a report done by the Israelihuman rights organization BTselem inDecember of 2010, show that when itconcerns children under the age of 14, inmost cases parents were not allowedto be present during their childsinterrogation. Despite the fact that thelaw doesnt allow parents to interferewith the investigation, interrogators

nonetheless stretched the provision of saidlaw. According to BTselem27, parents werecompelled to sign an agreement prohibitingthem to speak with their children, or wereseated behind their children to prevent eyecontact between the two. In one case, afather was removed after he asked,at the beginning of the interrogation,

why his sons face bore signs ofviolence.28

The age of criminal responsibility pursuantto the Police Ordinance Police Conductregarding Minors, Article 3b(1), is 12years. It states that A minor withoutcriminal responsibility who is suspected ofcommitting an offence should be treated

27 BTselem - The Israeli Information Center for Human

Rights in the Occupied Territories Caution: Children Ahead(December 2010). The Illegal Behavior of the Police towardMinors in Silwan suspected of Stone Throwing. URL:

http://www.btselem.org/publications/summaries/201012_caution_children_ahead (last access: August 21, 2011)28 Ibid.

East Jerusalem


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27

as a witness. He should not be arrested,nor should a criminal le be opened against

him (). However, the collection oftestimonies given to different human rightsorganizations operating in East Jerusalemshow that children younger than 12 yearsold have been arrested, interrogated andin some cases even subjected to violentbehaviour by the police.29 Inconsistentwith Article 10b of the Youth Law, almostall cases documented involved minorsbeing handcuffed. Interviews with childrenundertaken by Save the Children30 conrm

this. In contradiction to its reality, the Lawstates that A decision will not be made tohandcuff or shackle an arrested minor if itis possible to achieve the same goal in a lessharmful way (). Many of these childrenreported having born marks from handcuffsthat were too tight even days later.31 Also,children were not allowed to consult withtheir parents before the interrogation, asthe law species. The table below shows

the specic sections of the Youth Law,which are not respected by the police withregard to minors from East Jerusalem.

29 E.g. Haaretz (May 2011). URL: http://www.haaretz.com/

news/national/police-detain-7-year-old-palestinian-boy-and-accost-relatives-family-members-say-1.364828 (last access:August 21, 2011);Wadi Hilweh Information Center - Silwan (March 2011).

URL: http://silwanic.net/?p=13100 (last access: August 21,2011);Association for Civil Rights in Israel (ACRI) (March 2011).

Violations of the Youth Law (Adjudication, Punishmentand Methods of Treatment) 1971 by the Israeli Police inEast Jerusalem. URL: http://www.acri.org.il/en/?p=2428 (last

access: August 21, 2011);30 Testimonies to be found in appendix of this report.31 Ibid.

Picturetakenbyan

ex-detaineeboy.


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Table below: Police Violations of Rights of Minors in East Jerusalem as (mainly)

enshrined in the Israeli Youth Law (The table is based on the translation of the

relevant articles and the ndings of the ACRI report, 2011)

Summons for

Questioning by thePolice

Youth Law, Article 9f(a)

A minor suspected of committing a criminal offence will besummoned for questioning and will be interrogated with theknowledge of his parent ()

Juvenile Arrest as a

Last Resort

Youth Law, Article 10(a)

No decision shall be made to arrest a minor if it is possible toachieve the goal of arrest through means that are less damagingto his liberty; and any such arrest will be for the shortest possibleperiod of time required to achieve that goal; in any decision toarrest a minor, the suspects age and the impact of the arrest on hisphysical and mental well-being and development must be taken into

account.

Parental Presence

in Interrogation of

Minors

Youth Law, Article 9h(a)

A suspected minor is entitled to have a his/her parents orother close relative present at the interrogation, and is similarlyentitled to consult with them, preferably before the start of theinterrogation ()

Arrest and

Interrogation at

Night

Youth Law, Section 9j

A minor suspected of a crime should not be interrogated at thepolice station at night ()

Handcufng of aMinor in a Public

Place

Youth Law, Article 10bA decision will not be made to handcuff or shackle an arrestedminor if it is possible to achieve the same goal in a less harmfulway; any such handcufng of a minor will last for the shortest timerequired to achieve the above goal; in deciding to handcuff a minor,the ofcer must take into account the suspects age and the effectthat handcufng will have on the minors physical and mental well-

being.

Delay and Arrest of

Minors Under the

Age of Criminal

Responsibility

Penalty Code, 1977, Article 34f

A person shall not be held criminally responsible for actscommitted before he was twelve years old.

Police Ordinance Police Conduct regarding Minors, Article 3b(1)A minor without criminal responsibility who is suspected ofcommitting an offence should be treated as a witness. He should

not be arrested, nor should a criminal le be opened against him.

Police Ordinance Police Conduct regarding Minors, Article 3b(2)It is permitted to detain a minor who is under the age of criminalresponsibility, for the purpose of examining his details or having himmeet with a child-welfare ofcer invited into the investigation.


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The Israeli occupation poses an obstacleto the governance abilities of the PNA. Thefragmentation of the Palestinian territoryinto Areas A, B and C, as well as the lackof territorial continuity between the WestBank and Gaza (and even within the WestBank itself), limits the PNAs jurisdiction.Nonetheless, efforts have been made to

ensure the integration of the UN CRC, as ameans of improving child protection under

Palestinian jurisdiction.32

That being said, the legislative frameworkthat regulates child protection at thedomestic level within the PA still lackseffective protection. In 2004, the PA passed

32This section is a shortened excerpt, rst published in:Save the Children. Child Rights Situation Analysis (CRSA).

Occupied Palestinian Territory - 2011. 91-95.

the Palestinian Child Law (PCL) to protect

the rights of children by consolidating andcoordinating efforts between the differentministerial entities of the PA. However, thescope of its protection for children shouldbe expanded. The PLC lacks efciencyregarding the appointment of responsible

duty-bearers, and does not stipulate precisepenalties for violations of the law.33

The number of children in conict with thelaw in the oPt is drastically increasing.MoSA, which is the main body responsiblefor overseeing child protection mechanismsin the oPt, reported 1,960 cases of children

33 This Week in Palestine. Issue 154. February 2011.

URL: http://www.thisweekinpalestine.com/details.php?id=3326&ed=191&edid=191 (last access: September5, 2011)

National legislative framework:

Palestinian National Authority32

Picturetakenby

anex-detaineeboy.


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30

accused of being in conict with the lawin 2009, three times the number of allegedcases in 2007. Data from Gaza was notavailable for the period 2007-2009. Themost common offence was theft and/

or destruction of property, and 3-5% ofchildren were charged with sexual/physicalassault. The number of accused girls isvery low. 90% of children arrestedand charged are male. While povertyis the main motivation for children to actin conict with the law, a normalization ofviolence, problematic family situations, andrepressive religious and cultural traditions

contribute to the phenomenon.

The Ministry of Social Affairs is the mainbody responsible for overseeing the oPtschild protection mechanism, but it doesnot have a sufcient number of protectioncentres or ofcers under its supervisionto fully accommodate the number ofchildren who require protection. Likewise,collaboration with other governmental and

non-governmental bodies (e.g. to strengtheninter-ministerial child protection policy)leaves much to be desired. The oPt alsolacks an adequate juvenile justice system,as the mechanisms that exist for dealingwith children in conict with the law areoutdated, and its protection methodsand resources do not meet internationalstandards.

Art. 40 of the CRC lists a number ofsafeguards that should be ensured whenchildren are deprived of their liberty. Sofar these havent been implemented yetby the Palestinian Authority. The two oldregulations, from the Egyptian and Jordanianadministrations, enforced respectivelyin the Gaza Strip and West Bank, aredriven by a philosophy that sees children

in conict with the law as criminals andtends to punish them instead of offering

necessary social support. This is a majorfactor contributing to the deplorablesituation of juvenile delinquents. The maindocument referring to the West Bank is theOrdinance of Reforming Juveniles No. 16,

Jordan, 1954; whilst the following laws playa central role in regulating issues in the GazaStrip: Juvenile Offenders Ordinance No. 2of 1937 as amended by Juvenile OffendersOrdinance No. 31, Egypt, 1938, Rules ofTrial of Juvenile Offenders, British Mandate,1937/1938/1941 and Regulations ofPrisons and Reformatory Schools, Chapter117, Article 12, British Mandate, 1932.34

The use of terminology in the law reinforcessuch beliefs. The law in Gaza labels childrenin conict with the law as criminals,and those in the west Bank as juveniledelinquents.35 As a result, these outdatedsystems of laws are insufcient in embodyingsome of the fundamental principles of theinternational standards on juvenile justiceand, therefore, are ill-equipped to meetthose guarantees provided by the CRC and

other international documents.

Worryingly, the PLC also does not properlyaddress the substantial loopholes in thecurrent systems in place, in both theWest Bank and Gaza Strip. In fact, only 3of the 75 articles of the Child Law are

dedicated to juvenile offenders.36 Theydescribe principles such as the prohibitionof cruel treatment, the necessity of

establishing special measures in dealingwith children and the duty to treat childrenin a manner appropriate to their age anddignity. However, these articles do notallocate legal accountability onto duty-bearers or identify detailed procedures to

34 For a complete analysis of the law currently in place seeDCI-Palestine, Juvenile Justice Annual Report, 2006.35

Particip and Soges (June 2010). A study of juvenilejustice in the occupied Palestinian Territory.36 See art. 67-69.


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follow. Thus, in order to be enforceable, theChild Law requires additional articulationby relevant ofcial institutions.37

Very little has changed following theenactment of the Palestinian Child Lawbecause of the aforementioned regulatoryinadequacies. The nalization of the on-going drafting process of a new Palestinian

juvenile justice bill in line with international

standards has a long way to go.To worsen the situation, the alreadydefective safeguards enshrined by the

Jordanian and Egyptian regulations are notproperly enforced by governmental actors.Due either to the inactivity of police ofcersor difculties in transferring children from

37 See Child Protection in the Occupied PalestinianTerritory Structures, Policies and Services, the Institute of

Community and Public Health Birzeit University and theNational Plan of Action Secretariat, unpublished report,April 2006. 45.

one area to another, as a result of thezoning system imposed over the West Bankby the Israeli government, means childrenare likely to be kept in police stations orprisons along with adults. Moreover, thelack of expertise in the MoJ leads to thesystematic non-application of the existingmeasures, such as in camera trial and in

the establishment of juvenile chambers,procedures in line with internationalstandards. The role played by the MoSAdoes not improve the situation. The severelack of nancial and human resources andthe decient cooperation among West Bankand Gaza branches prevent the ministryfrom legally and socially assisting juvenileoffenders. As a result, there is a perennialshortage of probation ofcers and juvenile

rehabilitation centres.Despite the national endorsement of the

Picturetakenbyanex-detain

eeboy.


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32

CRC by the PNA, current policies onjuvenile justice do not reect internationalstandards. In fact, the Palestiniancommunity is more likely to stigmatize thedishonourable behaviour of children and

systematically marginalize them, rather thansupporting them by means of recognizingand reducing the social inictions that leadto their behaviour.38

Due to the complexity of the issue, thethree main relevant ministries for juvenile

justice MoSA, MoI and MoJ shouldbe cooperating closely and followinginternal and inter-ministerial policies

addressing juvenile offenders.39

However,this is not the case. As a result, no juveniledepartments or juvenile courts have beenestablished among the police and judicialforces.40 Rules that deal with children in theabsence of specialized juvenile chambersare also missing. With regards to MoSA,there have been some recent positive stepsin the improvement of juvenile justice.The current leadership has been taking

reform and institutionalization issues veryseriously. In 2010, MoSA, in collaborationwith the ofce of the Representative ofthe EU and EUPOL COPPS, undertook

38 Interview with Daoud Darawi, DCI Palestine, lawyer.Ramallah, May 7, 2008. See also interview with Farid Alafrsh,

the Palestinian Independent Commission for CitizensRights, eld researcher. April 8, 2008.39 Granted, there is a legal provision that calls for the

establishment of a juvenile court. However, the only

difference with the adult court seems to be that the trialwould be carried out behind closed doors. There is nojuvenile judge appointed or other special measures applied.

Worryingly, even this minor guarantee does not apply whenthe crime has been committed by the child together withadults. A representative of the PICCR stated how the lack

of internal policy negatively effects protection of children,see interview with Farid Alafrsh, Palestinian IndependentCommission for Citizens Rights, eld researcher. April 8,2008. During the interview he stated that, for example,

police ofcers from Bethlehem (directly from the MoI) arenot in cooperation with those from Ramallah.40 Ibid. at p. 45. However, according to this source there

are individual policemen unofcially responsible for dealingwith juvenile justice issues according to broad imperativesrather than specic policies or procedures.

a comprehensive structure and needsassessment of PNA authorities dealing with

juvenile justice and provided a plan basedon the cited report.41

The lack of an adequate legal framework,

in terms of both laws and policies, is

exacerbated by the inefciency andfragmentation of the PNA in providingappropriate legal and social support tochildren. Firstly, those safeguards that arealready enshrined in the national laws,

41 Particip and Soges (June 2006). A study of juvenile justicein the occupied Palestinian Territory.


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insufcient as they may be, are not evenfully enforced by relevant stakeholders.In the absence of appropriateimplementation of the international

standards, the PNA is the body primarily

accountable for the violation of the basic

rights of Palestinian children once theyenter the juvenile justice system. As amatter of fact, the drafting process of anew and unied Juvenile Justice law

was started in 1999.42 Governmental

42Ministry of Planning and UNICEF, Child Protection inthe Occupied Palestinian Territories: a National Position

Paper, Logo Production, Jerusalem, Occupied Palestinian

branches in both the West Bank and GazaStrip , UNICEF and the main legal PalestinianNGOs have been involved in developinga bill that enshrines the vast majority ofsafeguards provided internationally.

Save the Childrens

work regarding Juvenile

Justice under Palestinian

Jurisdiction

As mentioned before, the rights of childrenin conict with the law are currentlybeing violated on a regular basis. To llthe legal gap, the main governmental andnon-governmental players should pushthe government to streamline the existinglegal framework according to internationalstandards, in order to offer juvenileoffenders a minimum level of protection.This can be achieved through restructuring,institutionalizing and supporting the

development and protection of childrensrights. Save the Children works to improvethe juvenile justice system in the oPt. Inthe following projects, Save the Childrenbrings together its implementing partnerorganizations to foster local networking onthe one hand, and to prevent child rightsviolations of vulnerable groups, and facilitatetheir reintegration into their communitieson the other.

Child Protection through

Art and Literature

With the project Child Protection through

Art and Literature, Save the Children aims

at working with children who are in conict

with the law in Bethlehem and Ramallah.

Territories, June 2005 p. 59.


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The targeted children have committed

criminal offences and are kept in juvenile

delinquent rehabilitation centres. The

project provides a space for those children

to discover their capacities and to enhance

their self-esteem and expression abilities.

In this way they can then articulate their

needs and weaknesses and thus overcome

them through expressive art activities

as a tool of self-protection. The activities

conducted with children include different

expressive art activities including singing,

writing poetry, theatre, music activities

and book discussions in the libraries. The

project also aims to build the capacityof social workers, youth teams and to

conduct summer camps to help cultural

and educational development, as well as to

enhance networking among related sectors.

The overall objectives are to strengthen civil

society and help promote the prioritisation

and adjudication of childrens rights within

the Palestinian community.

Child Justice

As stated previously, the Palestinian Juvenile Justice system has severe shortcomingsthat result in poor enforcement ofinternational standards of child protectionin the oPt. In light of this situation, Savethe Children works to ll gaps and

create more comprehensive mechanismsto ensure the protection of childrensrights, with a special focus on children inconict with the law. The aim of the Child

Justice project of Save the Children is toimprove the protective environment forchildren within the PA and to improve theaccountability of duty-bearers (such asPLC, judges, prosecutors, law enforcement

ofcials and relevant ministries) under bothPA and Israeli jurisdiction. Hence, the two

partner organizations monitor, documentand report on violations of the rights ofchildren in conict with the law and childvictims of violence. They also defend therights of children in conict with the law by

legally representing children and giving legaladvice to their parents through lawyers,in so doing advocate for the fullment ofPalestinian childrens rights. The activitiesunder this project concentrate on improvingthe protection of children in conict withthe law through three main pillars: capacitybuilding of relevant actors, evidence-basedlobbying and advocacy aimed at better

protection policies and practices, as well aslegal representation and consultation.

Psychosocial

Rehabilitation of

Children in Conict with

the Law

The Psychosocial Rehabilitation of Childrenin Conict with the Law is a project thattargets children who are in conict withthe law. An intervention on a psychosociallevel takes place with the objective ofsupporting these children to reintegrateback into their societies. The children in

need of psychosocial intervention will get

In the two prisons where limited

education is provided, a single Arab-

Israeli teacher enters the prison to

teach. The children are not separated

based on age or ability and are only

given exercise books and pencils for

the duration the class and then made to

return this equipment at the end of thelesson. The education provided in prison

is not compulsory Defence for Children

International, Palestine Section


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psychological support and counselling.Not only does it target the concernedchildren, but also their families, to improvetheir knowledge on effective ways todeal with their children, achieved through

psychological support and counselling. Ona broader level, Save the Children builds thepsychosocial capacities of social workersand psychologists working in the juvenilecentres, as well at the MoSA, includingprobation ofcers. In addition, Save theChildren lobbies and advocates for theimprovement of conditions and servicesto children in juvenile centres by bringing

this issue to national duty-bearers, mainlyministries, to raise awareness on the issue.

Role of Major duty-

bearers

In compliance with the legislativeframeworks and in addition to the mainduty-bearer, Israel, as the occupying power,

there are three other important duty-bearers regarding the child detentionissue: governmental Palestinian bodies, civilsociety actors and the family unit.Although actors fail in meeting their(international and national) obligations,occasionally one phenomenon can beobserved, in which detention, as such, ispartially perceived as a heroic means ofresisting the Israeli occupation. The severe

mental, emotional and sometimes physicalimplications of detention are thereforeunderestimated, leading detainees(especially children) to believe that anoutcry for help after detention is shamefuland a sign of either personal weakness or alack of solidarity with the Palestinian cause.Hence, it can be emotionally very confusingfor a child to seek help and support after

detention.

Israeli Authorities

Israel, as the occupying power in theWest Bank, East Jerusalem and Gaza, hasresponsibilities towards the occupiedpeople, as codied in The Hague Conventionand the Fourth Geneva Convention.Other than maintaining the security of theterritories and ensuring public order andsafety43, Israel has an obligation to safeguardthe welfare of the local population. Asa signatory of the UN CRC, the Stateof Israel is urged to adopt, protect andimplement the principles, as stated in the

treatys bylaws. Whereas the UN CRC isconsistently applied to Israeli children,this is not the case for Palestinian childrenliving in the West Bank and East Jerusalem.However, starting in November 2009, aMilitary Youth Court in the West Bank wasestablished, but it lacked sufcient impact onthe ground for Palestinian minor detainees,according to a report by BTselem.44Even when it comes to providing

educational services, during and after

detention, the Israeli government fails toimplement international standards; DCI-PSreports that only 2 of the Israeli prisonsin which Palestinian children are held offereducation and even there the service isby no means sufcient to guarantee thefullment of childrens right to education.45

43Foundation for Middle East Peace. Israel Requiredby International Law to Protect Palestinians Under

Occupation. URL: http://www.fmep.org/reports/archive/

vol.-4/no.-3/israel-required-by-international-law-to-protect-palestinians-under-occupation (last access:September 19, 2011)44 BTselem - The Israeli Information Center for HumanRights in the Occupied Territories (July 2011). No MinorMatter. Violation of the Rights of Palestinian Minors Arrestedby Israel on Suspicion of Stone-Throwing. URL: http://www.

btselem.org/download/201107_no_minor_matter_eng.pdf(last access: September 19, 2011)45 Defence for Children International (2009). Education

in chains: Gaps in Education Provision to Children inDetention. An Overview of the Right to Education ofChildren in Detention. URL: http://www.defenceforchildren.

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undpicture:GraftibythefamousLondonartistBanksyshowingre

versedrolesinBethlehem.


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In this regard, it is important to notethat, according to MoEHE, no systematiccooperation has been built betweenthis ministry and Israeli authorities and,consequently, they are unable to overcome

the loss of months, and sometimes years, ofeducation of the many children detained inIsrael.46 The current Minister of Educationhas never been allowed by Israeli authoritiesto visit the prisons.47

Governmental Duty

impact of child detention in occupied palestine - save the children report - march 2012 en

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