Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 10, 16 and 44 together.

The questions cover a range of issues. Ireland and the European Union regard all Israeli settlement activity in the occupied Palestinian territories as illegal. The partial freeze on new settlement construction in 2010 was, nonetheless, an important element in creating the atmosphere to allow substantive political negotiations between Israel and the Palestinians to begin. The freeze expired on 26 September and, as I reported earlier in my reply to a Priority Question on the peace process, efforts to persuade Israel to reinstate it have failed. We have made clear our profound disappointment at the resumption of settlement building, as have many others.

Settlement expansion aims at changing the demographic balance on the ground, and creating facts which will dictate the shape of any future peace agreement, which is simply not acceptable. It also involves the progressive expropriation of Palestinian lands, expulsion of families, and destruction of their homes. Again, all of those actions are unacceptable. Since the partial moratorium ended, settlers have pushed ahead with new house starts or foundations for new building. That again, is unacceptable. At the same time, there have been a number of announcements of construction permits, building plans and other planning stages, particularly in the area of East Jerusalem. I am kept informed of these by reports from our own missions on the ground and from other sources. These announcements are part of the ongoing and relentless process of settlement expansion, the details and stages of which are kept deliberately opaque and unclear, including, many observers believe, to public opinion in Israel.

These developments inflame Palestinian public opinion, which is hardly surprising, and destroy public support for their leaders to engage in serious negotiations with Israel. They increase support for the people who would have a different view. It must be a matter of the greatest concern that the Israeli Government does not recognise that, or accord it sufficient importance. I would appeal to all sides, particularly the Government of Israel, to recognise that the greatest possible restraint should be the highest priority at this time. The European Union restated its views on settlements, and the importance of this issue, in the conclusions of the Foreign Affairs Council in December 2010.

The related issue of settler violence is an important and shocking one, to which Ireland has drawn attention at EU level and elsewhere. The majority of individual settlers, it should be stressed, are mostly driven by purely economic motives, namely, direct incentives from the Israeli Government or conservative charities to encourage them to live in settlements. But there is a substantial fringe of ideologically committed settlers who are consistently aggressive both in terms of occupying land and of direct violence against Palestinians in their neighbourhood. At the same time, Israelis living in and travelling to illegal settlements in the Palestinian Territories fear that they themselves are being put risk because of the exacerbated sense of tension all of that activity creates.

I am deeply concerned about the specific allegations of violence against Palestinian children contained in the report by Defence for Children International, DCI. DCI Palestine has documented 38 incidents of settler violence towards children in the period from March 2008 to July 2010, including six very disturbing cases where settlers reportedly shot and wounded children, some as young as 15. That is simply not acceptable.

The allegation of Israeli military collusion in some of these attacks is a matter of grave concern. Israel has a legal obligation under international law to protect Palestinian civilians in the occupied territories. This report and reports from other NGOs suggest there is instead a culture of impunity, with the authorities failing to hold settlers accountable for their actions under Israeli law. That is deeply regrettable. Yesh Din, an Israeli human rights organisation funded by Irish Aid, estimates that only 10% of Palestinian complaints to the police about settler violence result in a prosecution, and a number of these prosecutions have publicly failed to proceed. That creates an atmosphere of fear and anxiety among the Palestinian community. It is imperative on Israel to take steps to ensure that all civilians under its jurisdiction, whether Israeli or Palestinian, are held accountable for their actions to the same standard in the appropriate courts.

The Government has argued strongly at EU level for a firmer approach to settlements and settler violence. We would support, for instance, discussing the possibility of excluding settlement produce from the European Union, although it is clear that this would not yet command general support in the EU. As successive Ministers have made clear, however, I do not believe in a policy of general sanctions against Israel, which would be both futile and counterproductive. It is clear and obvious to me and other Members that every effort must be made to stop this behaviour, which exacerbates an already difficult situation and which makes the cause of peace more difficult to achieve.

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

Given the number of questions involved I am grateful for the Minister of State's comprehensive reply. I take the opportunity to formally convey on behalf of all Members, especially those of us who have frequently visited Israel, Gaza and the occupied territories, our best wishes to John Ging in his new role in the United Nations. He has been one of the most distinguished people representing Ireland abroad under great pressure.

The reason I referred specifically to children in the first question is based on a report given to me to the effect that Palestinian children are more traumatised by the humiliation of their parents than by the death of a parent. The case upon which the Minister of State has, rightfully, based his reply, for which I am glad, involves the defence of Children International, which is represented in 40 countries and has a record of 30 years in Palestine. Let us consider it in terms of the rule of law. There are some 500,000 settlers in 200 settlements on Palestinian land in the West Bank and east Jerusalem. The circumstances in east Jerusalem have changed since the position described by the Minister of State. There have been 84 house demolitions and 24 evictions which have dislodged 407 children. Other houses have been given demolition orders and in Silwan and Sheikh Jarrah some 1,500 children are at risk of displacement. Would the Minister of State agree that it is time to call on the United Nations High Commissioner for Human Rights to address the issue of the impact on children of settler activity, in terms of the deaths that have already taken place, the risk to life and the displacement and disruption of family life?

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

There are several aspects to the issue of children. Most of us accept that violence against children, from whatever source, is simply unacceptable.

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

I have condemned the rocket attacks on children in Gaza and Border communities.

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

I do not suggest the Deputy has done anything otherwise He has been altogether even-handed in this regard. As I stated at the end of my last contribution, the cause of peace is not served by violence, regardless of its source. The Deputy will be aware of an additional point. Issues relating to criminality or criminal responsibility arise with regard to the manner in which children from Palestinian and Israeli backgrounds are treated. The UN Convention on the Rights of the Child requires an even-handed approach, which is not the case at present. The UN Committee on the Rights of the Child has recommended that Israel rescind the provisions on military orders which discriminate in respect of the definition of a child. The definition of a child is central to the action taken, especially-----

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

Will the Minister of State bring this to the notice of the Secretary General and arrange a visit?

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

Yes. The making of a Palestinian child criminally responsible at the age of 16 years is simply unacceptable when an Israeli child is deemed not to be criminally responsible until he or she is 18 years. This is clearly discriminatory and a breach of the UN Convention on the Rights of the Child. I urge the Israeli authorities to accept immediately the recommendation made. I am also concerned about other issues affecting the treatment of Palestinians, such as arrests in the middle of the night and detention without access to families. There is something horrific about young teenagers being arrested and the humiliation of children in detention.

I am aware of the point made by the Deputy about the trauma children suffer when they see their parents mistreated. As a parent, I do not understand it. How can one understand it? It pains me. I hold no negative views about Israel and I have no negative personal views about the Israeli people; quite the opposite is the case. However, I believe for a people with a tradition of great humanity and which has made such a contribution to humanity it is a tragedy that the tradition is denied by these actions. I enjoin the Deputy in respect of all the points he has made. The peace talks must be brought forward. We must all recognise the need for a two-state solution and people must learn to live in peace with each other, which was the case for many centuries until the 19th century interventions.