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Have
Palestinian children forfeited their rights?
22 March 2004
Journal of Comparative Family Studies
By M. Siraj Sait
I am the Palestinian David
child wielding a single stone
Against the Israeli Goliath.
I am not afraid,
For truth is with me and God is on my side.
If I die,
A choir of angels will honor me And later, my parents
will grasp my outstretched hand
And join me in Heaven.
Palestinian Am I, Edna Yaghi (November
13,2002)
Popular Palestinian website poem
INTRODUCTION
Adult conceptualizations of young
Palestinian minds range from celebrating the indomitable
little spirit to rebuke of the destructive deviance
resulting from a shattered or manipulated childhood.
The phenomenon of children trapped in a hopeless political
quagmire desperately seeking family, societal and
religious approval with reckless defiance is complex.
These "children of the stones", as popularized by
the Arab media, have been perhaps the single most
important factor in sustaining the Palestinian resistance
of the Israeli occupation of their lands. With the
Palestinians Authority or militants unable to counter
the overwhelming military superiority of the Israeli
Defense Forces (IDF), it is the child protestors who
continue to engage and frustrate the occupiers. Stirring
images of children on the frontline do more than the
confused strategies of the Arab politicians to keep
international attention on the smoldering dispute
despite international apathy. Yet, these children
with stones are not made of stone and pay a disproportionately
heavy price (Mansour, 1990; Kuttab, 1988; El Sarraj,
1996), particularly with calls for withdrawal of their
entitlement to basic rights as children.
The children of the Al- Nakba ('major
catastrophe') among the estimated 750,000 Palestinians
expelled from their homelands during 1947-48, are
now among the disconcerted grandparents watching the
continuing conflict consume yet another generation.
Throughout the Palestinian struggle, children have
played a range of roles in resistance, though it was
the first intifada or uprising (1987-1993) which exposed
to the Western world the scale of participation and
suffering amongst Palestinian children (Aruri, 1984:250-254;
Nixon, 1990). The beginning of the Al-Aqsa intifada
in September 2000, however, marks a further escalation
not only in the body count of the hundreds of Palestinian
children killed and thousands injured but also in
the levels of violence children are apparently willing
to engage in.
Labeled as irregular child combatants
in everyday crossfire, these children are easily relegated
as regrettable but largely avoidable and ill-conceived
footnotes in an encounter between irreconcilable grown
ups fighting for complex issues such as land, capital,
security, water, return of refugees and ultimately
control. However, Palestinian children are not simply
"collateral damage" of the conflict in a black hole
of law or those who have volunteered to be attacked
because they have not been passive. They remain impermissible
targets whose basic rights cannot be legally discounted
though their context leads to problems of implementation.
Those who argue that Palestinian
children have forfeited their rights as children by
their participation fail to unlock the complexities
and context of these little vulnerable lives under
assault as well as misconstrue the nature and scope
of children's rights.
Over half of the population of
Palestine are children (1) but despite their increased
profile within the conflict, they are largely constructed
as mute victims or misguided puppets rather than participants
in the process and possessors of rights. Dominant
narratives - Palestinian, Arab, Israeli and Western-
fail to fully consider the implications of daily degradation
of life on the Palestinian childhood experience beyond
the statistics of fatalities and injuries. Consider
the residual quality of Palestinian childhood in face
of the eclipse of children's rights--of negations
of Palestinian right to dignity and self-esteem, of
personal development and family life, of education
and opportunity, of health and adequate standard of
living, of freedom from torture and stress, and most
importantly, the right to a future.
This article does not provide a
systematic study of the universal child rights regime
as delineated by the 54 articles of the 1989 United
Nations Convention on the Rights of the Child (CRC)
[for an authoritative treatment of CRC see Van Beuren,
1997], nor does it comprehensively detail the Israeli
human rights violations against Palestinian children
that have been catalogued by NGO reports and authoritatively
dealt with by the UN Committee on the Rights of the
Child (UN Committee on Rights of the Child, 2002)
and the UN Special Rapporteur on Human Rights in the
Occupied Territories (UN Special Rapporteur, 2002).
Rather, this article considers the problematic Palestinian
context for the application of child rights. In the
first three sections, it is argued that disregard
of the dynamics of Palestinian childhood lead to the
easy demonization of Palestinian children and our
inability to recognize the link between oppression,
trauma and the extraordinary child responses. The
final section proposes that a child rights framework
clarifies both minimal protection guarantees for children
and the scope of obligations of all parties involved.
CONSTRUCTING THE PALESTINIAN CHILD
Despite burgeoning interest in
Middle East studies within Western academia, there
is generally little research on children living in
this region. Elizabeth Warnock Fernea's (1995) compilation
of articles remains one of the few dedicated to the
Arab child. One reviewer explains "Childhood is not
a particularly hot topic nor is it sexy like 'women
in Islam'. As such, and apart from a few scattered
works, mostly outdated by now, there is little systematic
information on the current status of children in this
region" (Rassam 1998:71). Consider Daniel Pipes' (1996)
review of the Fernea book selectively choosing quotes
"(There are) 90 million Arabic-speaking children,
of which 'half today are threatened in their physical
health by the dangers of hunger, poverty, and war'."
Nor are matters improving, for, as Fernea explains,
"in general colonialism, intensified traditional family
patterns, particularly those involving differentials
of gender identity,' and matters have changed little
since independence." Arab children, on the contrary,
are steering the rapid transformation of the traditional
Middle East riding on better access to communication
and technology catalyzed by education, opportunity
and a globalized culture.
Parents in the Middle East "seem
to have had, until very recently, few doubts about
child rearing practices, or about the goals of parents,
children and the family unit ... based on widely accepted
assumptions about the structure of society and the
functions of individuals of all ages within that society"
(Fernea, 1995:4-5). The child was seen mostly as part
of a "complex web of relationships" with the family
as a central and enduring social unit ordered on distinctive
religious, social and cultural foundations ('Abd al
'Ati, 1997). Though the "centrality of the family
is being increasingly challenged by the State and
other social institutions ... young men and women
show less alienation from the family than from any
other social institution, be it religious, political
or social" (Barakat, 1993:100). Ongoing democratization
within the family, though still hierarchical and patriarchal,
distributes a greater share of authority and responsibility
within the family, including children.
Studies of the Palestinian family
sometimes incorporate a child welfare element but
mostly fall short of recognizing children as independent
rights holders. A child's physical and emotional well
being has to be located within family and community
adult structures, where distribution of political
and economic power percolates, does ultimately determine
the role of a child within society. The Palestinian
child hangs on flimsy support threads. The fractured
family provides general support, the decimated Palestinian
Authority promises protection and the under-funded
United Nations Relief and Works Agency for Palestine
Refugees in the Near East (UNRWA) offers education,
health, relief and social services to those registered
as refugees in the West Bank and the Gaza Strip. All
this is contingent on the ubiquity and intrusiveness
of the occupying force, the Israeli Defense Force
(IDF). Military occupation, economic strangulation
and legal control by Israel have had a profound impact
on the institution and dynamics of the Palestinian
family and the role of the child within it.
The intifada has disrupted family
structures, particularly through the erosion of parental
authority and sudden catapulting of children into
authoritative roles. Children feel frustrated at having
"trappings of power but no real control over their
situation". Parents, in turn, overwhelmed with the
daily problems, deal with their children in an authoritative
manner (Cohen and Goodwin-Gill, 1994:115). Nor can
political violence be seen in isolation. Children
actively involved in street confrontations with Israeli
troops are also more likely to use violence in their
school and family environments (Abuateya, 2000). The
preoccupation with the intifada has also postponed
sustained measures to deal with violations of child
rights within the family and at the hands of the Palestinian
authorities and militant groups. (But see Palestinian
Authority, National Programme of Action for Palestinian
Children, 1995). As Shalhoub-Kevorkian (1998:234-5)notes
"abuses not connected with the Israeli occupation
... family violence, incest, rape and battering was
discussed and dealt with as a private or individual
matter ... influenced by traditional cultural codes."
Within the treatment of child issues,
the status of the Palestinian girl is often disregarded.
Traditional Palestinian society views women largely
through the prism of family, honor and chastity (Warnock,
1990:19), and those violating traditional social norms
face reprisals. In addition to gender discrimination
from the system (Cervenak, 1994), studies have shown
"the multiple discrimination which female Palestinian
children and youth face at home and in school" (Chatty
and Hundt, 2001:4). Similarly, empirical research
into the post-traumatic stress levels has found that
female children are at significantly higher risk (Miller
et al., 1999: 371). Shalhoub-Kervorkian (1998:247),
who catalogues violations of rights of female Palestinian
detainees by Israel, argues that female political
activists (and now female suicide bombers) constitute
a distinctive group in Palestinian society. However,
societal reaction reflects a degree of willingness
to change the cultural code for the sake of the political
struggle, although the attitude of society towards
this phenomenon remains in a state of confusion.
Child participatory rights are
not only merely about political participation but
also consideration of the views and perspectives of
the Palestinian child in relief and humanitarian intervention
(Sait,2003). An Oxford study finds that Palestinian
children are aware, politically active, individuals
and interventions should "start with their input and
involvement" requiring a shift from top down to a
bottom up strategy (Chatty and Hundt, 2001:8). Children
often challenge adult preconceptions about their priorities
and strategies (MacMullen, 1999). A UNICEF study (2003:para
23) notes that "children have an important role in
determining what disasters are, and that they can
be involved in preventing and mitigating their effects.
(The UNICEF) study encouraged children's participation
and identified them as an important resource in disaster
preparedness programme planning". However, there is
a noticeable gap between theoretical postulates and
practice.
Preliminary discussions with the UNICEF programme officers in
the region revealed that the underlying issues which inform their
programmes are set from headquarters and are based on Western
assumptions of appropriate child development rather than an
understanding of the cultural, social, political and economic
context in which these phenomenon occur. The regional offices make
efforts to modify their programmes to fit local contexts. These
alterations, however, are not based on any empirical study. They
are, rather, an ad hoc assessment by local practitioners of what
might fit the community (Chatty and Hundt, 2001:8)
Michael
Freeman (1998:434) is among those who argue that child
rights cannot be applied without a contextual understanding
of a particular social order and the ways in which
childhood is used as a strategy to propound versions
of social cohesion. He notes that childhood is not
a natural phenomenon, rather it is a social construct
(with its limits) and the meaning of childhood is
essentially contested. Undoubtedly, there are risks
involved in dealing with children in political conflicts
based on Western based essentialist assumptions about
childhood experiences and perceptions about their
needs (Boyden, 1994; Burman, 1994; Dawes and Cairns,
1998). Social, historical, political, cultural and
economic contexts help identify the diversity of children's
responses and local resources build capacity in finding
durable solutions.
Though "universal
childhood" is a myth, Abdullahi An Nairn (1994) argues
that normative consensus can be pragmatically achieved
through procedural universality resulting from the
dynamic interplay between changing folk models and
international standards. Internal discourse and cross
cultural dialogue can provide for minimum safeguards
to protect the "best interests of the child" from
the abuse of the cultural card. Sadly, child rights
receive little attention within the Middle East and
from outside. So little is known about the world of
the Palestinian child beyond the headlines that conceptions
about their conditions, interests and priorities--as
well as the factors responsible for their propensity
towards violence- are driven largely by Western assumptions
and Arab compromises and contingencies.
DEMONIZING
THE PALESTINIAN CHILD
"[The
Palestinian children] are taught to hate, fight, kill
and destroy" (Naveh, 2003). The Palestinian child
is presented simply as a product of an alien process.
Though both Palestinian and Israeli children are victims
of the conflict, Israeli Jewish children are seen
as proper innocent victims of terrorism in contrast
to Palestinian children who are often perceived as
dangerous props of irresponsible parents, a conniving
Palestinian Authority and desperate militant groups.
A rightwing think tank queries "How did these children
come to be exposed to danger? Why are Palestinian
children allowed to confront a military force? Why
are they present among rioters, snipers, and terrorists?
And how is the press always in the right place to
photograph such acts of false heroism" (Prism Group,
2003).
The relationship
between the increased political activities of Palestinian
children and the child casualties through the IDF's
military offensive is unclear. The level or type of
engagement by Palestinian children cannot be generalized
given the variables of age, maturity, peer group,
extent of politicization, geographic location and
often simply the sweep of IDF operations. Only a small
and unknown percentage of children are involved in
protests. The United Nations Special Rapporteur on
Palestine concludes that "most of the children killed
or injured by the IDF were not engaged in confrontational
demonstrations, but were victims of shelling by tanks
and helicopter gunships, while they were engaged in
normal peaceful pursuits" (UN Special Rapporteur 2002:para
41). A recent Amnesty report (2002:para 41) addressing
both Israeli and Palestinian children supports these
findings:
While most
Palestinian commentators hold the opinion that the
IDF shoot at children with impunity, James Graff (1997:167)
argues that the Israel does not have a deliberate
policy of killing Palestinian children, though it
is not greatly concerned about injuring them. The
Israeli policy, as a settler and occupying force,
is to subjugate the indigenous population and consequently
adopts a hardline approach towards youth seen as inscrutable
and dangerous. The IDF have not disclosed their current
regulations on the use of firearms, particularly with
respect to children (Veerman and Levine 2001:75),
but Amnesty (2002) argues that "the fact that most
children killed or injured were hit in the head or
upper body shows that in their use of firearms against
Palestinian children, the IDF have consistently breached
international standards regulating the use of force
and firearms".
The overwhelming majority of Palestinian children have been
killed in the Occupied Territories when members of the IDF
responded to demonstrations and stone-throwing incidents with
excessive and disproportionate use of force, and as a result of
the IDFs reckless shooting, shelling and aerial bombardments of
residential areas. Palestinian children have also been killed as
bystanders during Israel's extrajudicial execution of targeted
activists, or were killed when their homes were demolished.
Others died because they were denied access to medical care by
the IDF. At least three Palestinian children have been killed by
armed Israeli settlers in the Occupied Territories.
Children
caught in the conflict "appear to be a powerful counter
to the Israeli version of events", therefore Western
media "often include the Israeli-induced spin ...
portraying the victims as the aggressors ... most
journalists and editors are so accustomed to the image
of Palestinians as terrorists that they do not even
question that stereotype" (Hanley, 2001:52). However,
such images are reinforced by a farewell note from
a fourteen year old aspirant to become a suicide bomber,
YoussefZaqout, "O mother, please be happy with me.
I ask you to pray to God to make my martyrdom a success.
I am giving my soul for God and the homeland". (MacAskill,
2002). Recurring themes of young lives sacrificed
for the family, God and homeland provoke suspicions
about motivations and support structures for such
deliberate savage and unchildlike acts.
The official
Israeli position is that the Palestinian Authority
(PA) is responsible for "inciting children and educating
them in hate, anti-Semitism and carrying out acts
of violence and murder" (Naveh, 2003). Though the
PA is not a "State", and its security capacity and
authority has been decimated by the IDF, it still
has the obligation to take all necessary measures
possible to prevent children from becoming suicide
bombers. However, methodical studies rebut the claim
that the Palestinian school curriculum is incendiary.
UNWRA, which runs the schools in West Bank and Gaza,
emphasizes "non-violent conflict resolution and human
rights". A George Washington University study of the
Palestinian curriculum concludes that the PA "should
be credited with removing racist and anti-Semitic
material from the curriculum, not for maintaining
it .... ThePalestinian books strive to create a strong
sense of Palestinian, Arab, and Muslim identity in
students. The books do not treat Jewish history in
any comprehensive manner, positively or negatively
... (however) the books do not encourage violence"
(Brown, 2001).
Some news
reports allege Palestinian militant groups indoctrinate,
exploit and train children and adolescents through
special camps. However, there is no evidence of the
PA or even the Palestinian armed groups systematically
recruiting children. In April 2002, the Palestinian
militant organization Hamas banned the "children's
sacrifices", and called upon teachers and religious
leaders to spread the message of restraint among young
Palestinians. It continues to support adult suicide
bombers as the only military strategy against an overwhelmingly
superior militarized occupier. However, lack of distinction
between military objectives and civilian targets from
Palestinian militants does incur child casualties
on the Israeli side which, in turn, robs the Palestinians
of moral outrage when their own children are victims,
a strange moral equivalence at the expense of children
on both sides. The militants' recourse to Islamic
justifications is highly specious since children are
to be kept out as combatants or in jihad and protected
as civilians by Islamic principles (Elahi, 1988; Kuper,
1997:75). Islam has a developed child rights approach
(Sait, 2000) and political references to jihad or
martyrdom represent a cynical exploitation of religion.
The disoriented
Palestinian family does not exert the commonly assumed
influence over its children during the intifada. The
graphic media coverage and the expressions of anger
and hostility among Palestinian adults toward Israelis
and Jews are, no doubt, being absorbed by children
but this is not necessarily a conscious schooling
of children. As with other independence movements,
the family does becomes politicized as "a center of
resistance" with "all members of the family participating,
children as well as parents, men as well as women"
(Fernea 1995:12). There is no doubt that Arab society,
indeed the family, celebrates and values its children
as any other. However, what is captured by the Israeli
and Western media is the post-facto parental consolation
or public response to their dead children as martyrs
for God and homeland, which is not the same as encouragement
for violence, before the violence.
Most families
are said to be unaware of their child's deadly adventure
until the public hears of it. Adolescents defy their
family through their political ideology. Abu Aisheh,
from al-Najah university at Nablus, who blew herself
up at a military checkpoint, had extensive Socratic
debates with her uncle on the rightness or wrongness
of suicide bombing. "To each argument [the uncle]
made against killing civilians and one's self, Abu
Aisheh answered with questions: Aren't we being shot
down like dogs? Do you feel like a human being when
Israelis control your every move? Do you believe we
have a future? If I am going to die at their hands
anyway, why shouldn't I take some of them with me?"
Abu Aisheh left a suicide note recalling the death
of her cousin and Mohammed Durra, the young boy who
was shot dead by Israeli soldiers while walking with
his father in Gaza (Williams, 2002). Even the Isrealis
officially acknowledge that these youth are capable
of rationalizing their targets as suicide bombers
(Levy, 2002).
Lack of empirical
or academic studies on the phenomenon of child suicide
bombers and violent protestors has led to the Western
media commonly projecting the responses of Palestinian
children as unnatural, irrational and even "evil".
In so doing, they exhibit little understanding of
either the numbers (the small percentage of those
involved) or the Israeli repressive policies towards
children which, instead of intimidating them, have
mobilized participation of children at various levels.
Children are not insulated from reaction to Israeli
brutality, for example, of teenagers who apparently
sought to attack Jewish settlers shot down and then
pulped by Israeli tanks (Fisk, 2002). The posters
of these "martyrs" are leading to a cult of violence.
The recent phenomenon of Palestinians child suicide
bombers turns out almost a self-fulfilling prophecy
of Israeli depiction of Palestinian children as uncivilized
outlaws.
THE TRAUMATISED
PALESTINIAN CHILD
Motivation
for violent protests among children "lies in the very
roots of the conflict, in the predominant macro-social,
economic and political issues defining their lives"
(Cohen and Goodwin-Gill, 1994:23). The outlook for
Palestinian children under Israeli occupation "is
grim as children's rights continue to be violated
... their reality is poverty, poor education, inadequate
healthcare, and fear for loved ones. The occupation,
the tanks, the checkpoints and the Israeli soldiers
have incarcerated their dreams" (Halileh, 2002). The
UN Special Rapporteur (2002:para 42) reports that
Palestinian children have turned "increasingly aggressive
as a psychological consequence of the constant shelling,
gunfire and presence of a hostile occupying army".
UNICEF (2002)
records that:
The psychological and social impact of this conflict on children
in the Middle East is incalculable. Traumatic events like the
death or injury of family and friends, house-to-house searches,
and the humiliating round-up and detention of fathers and
brothers is causing irreparable damage to children's confidence
in adults. Children come to accept violence as a good method for
resolving problems and all hopes for the future fade.
Documenting
medical and health patterns such as the drop in immunization
levels, infant mortality levels, widespread diseases
or increased anemia during the conflict may appear
straightforward. However, there have been concerns
about using Western pyschometric instruments to measure
Arab children living under conditions of military
occupation (Miller et al., 1999:371; Thabet and Vostanis,
1999). Researching troubled children in the conflict
zone is often a logistical nightmare with Israeli
blockades (Miller et al., 1999:369).
A series
of general population epidemiological surveys have
demonstrated significant emotional and behavioural
problems among Palestinian children, particularly
a high prevalence rates of post-traumatic stress disorder
(PTSD) and other related mental health problems (Punamaki
and Suleiman 1990; Baker, 1990; Qouta and El Sarraj,
1992; Khamis, 1993; Elbedour et al, 1993; Gabrino
and Kostelny, 1996). Thabet and Vostanis (1999) find
that 72.8% of the Palestinian children exposed to
war trauma have experienced PTSD. Another study finds
that the most common types of trauma exposure for
children of all ages were being 'tear gassed', 'house
searched with damage', 'watching shooting, fighting
or explosions' and 'seeing family members being arrested
or humiliated'. Child respondents overwhelmingly identified
the military activities of the IDF as being responsible
for their trauma (Miller et al., 1999:372).
A typical
narrative regarding a family living in what becomes
an area of IDF operations is told this way.
Um Mahmood (mother) said that when being exposed to the tear gas,
her nine-month-old child begins coughing and does not stop until
becoming unconscious. As soon as the confrontations begin, Bader,
(her) five-year-old child, begins yelling and crying for
continuous hours, even after the ceasing of these encounters.
Bader has lately refused to play and go anywhere. He does not
want to be away from (the mother); he keeps holding the edge of
(his mother's dress). During the night, Bader wakes up saying that
he has seen the soldiers entering from the windows, although their
house is located in the third floor. And when he wakes up in the
morning, Bader begins looking for his plastic gun and asks (the
mother) to fill it with bullets in order to kill the soldiers when
they come to our house.
Once, when
Bader heard his parents' discussion regarding doing
shopping for the house, he shouted "No, don't use
the money to buy such things, instead buy a gun for
each one of us; we want to defend ourselves" (YMCA,
2000:1).
UNICEF reports
that:
Available data indicates the lives, behaviour, and attitudes of
Palestinian children have changed dramatically since the onset
of the current conflict. These include nightmares, bed-wetting,
insomnia, and irregular sleeping patterns. Fear is also
common--fear of darkness, fear of sleeping alone, leaving the
house, strangers, loud noises and sudden movements. Children find
it difficult to concentrate. Some are more anxious and irritable.
Children are experiencing psychosomatic symptoms, such as
headaches, stomach cramps and skin problems. And others are
withdrawing from friends and family, rebelling or becoming
aggressive themselves (UNICEF, 2001).
While most
children are conscious of their vulnerability and
exhibit low self-esteem, others react more aggressively.
Dr Eyad el-Sarraj. who heads the Gaza Community Mental
Health Programme, explains "To get rid of fear you
engage it, to get rid of the fear of dying you engage
death. These children are playing an exciting and
addictive game with death, and addictive is just what
it is" (Brittain, 2001). A Palestinian NGO, LAW notes
that "it is not uncommon in the Palestinian territories
to witness Palestinian children playing a game where
they pretend they have been killed" (LAW, 2002).
El Sarraj
regards the current phenomenon as directly related
to the breakdown of parental authority in the face
of Israeli excesses. Children play in the streets,
pretending to be Arabs and Jews trying to kill each
other. "The children have switched their identification
from their father to the Israelis. They prefer to
play the Jew in the game because he is the powerful
one. They have seen how their own fathers have lost
the symbol of power" (Brittain, 2001). Children are
also responding to peer pressure to become a "hero",
under the belief that if they do not throw stones
they will be attacked or even be considered as Israeli
collaborators (Cohen and Goodwin-Gill, 1994:40). In
the scenario of despair, war does give "child participants
a mission in life, order, hierarchy, physical fitness,
a sense of importance, of being essential to both
a particular goal and an abstract idea"--though there
is no doubting its damage (Roger Rosenblatt c.f. Cohen
and Goodwin-Gill, 1994:97). Political street activism,
then, needs to be understood as arising out of "lack
of alternative spaces which Palestinian youth may
occupy" (Chatty and Hundt, 2001:4). The physical and
mental abuse of Palestinian children by Israeli action
is material to their responses, and unless that pattern
of child rights violations is stopped, few Palestinian
children can be weaned away from violent protests.
CHILD RIGHTS
FOR THE PALESTINIAN CHILD
Israel recognizes
the cost of the conflict for its own children living
under the fear of attacks (Oman and Ziv, 1997; Seliktar,
1980). Its society generally gives considerable importance
to its children, and there are attempts on the Arab
side to exploit the Anne Frank icon to seek better
Israeli understanding of the suffering of Palestinian
children, thus, the prison diaries of a fifteen-year
old, Saud Ghazal, tortured and held by the Israelis
for two years on an accusation of assaulting a settler
(Yusuf Agha, 2002), or the commentary of another fifteen-year
old, Reem Saleh, as the Israelis moved into her house
at the Jenin refugee camp (Giovanni, 2002) fill that
need. However, given the child casualties on both
sides, protection of Palestinian children is approached
by the Israeli government through political discretion
and military judgement rather than a set of binding
legal obligations.
The scale
of human rights violations by Israel has been brought
out not just through NGO reports and UN resolutions
but findings of mechanisms of the Commission on Human
Rights. These range from experts on arbitrary detention,
disappearances, arbitrary executions, food, housing,
human rights defenders to torture and violence against
women. Israel has ratified all major international
human rights instruments - on civil and political
rights, on economic, social and cultural rights, on
racial discrimination, on torture, on women and the
1989 Convention on the Rights of the Child (CRC).
However, in May 1997, the UN Committee against Torture
criticized Israel's interrogation techniques. The
most significant report has come from the UN Committee
on the Rights of the Child, which monitors the CRC,
in October 2002 (after discussion of Israel's February
2002 State Report) which censured Israel for its treatment
of Palestinian children on numerous fronts. Several
other Israeli reports are due for consideration in
the near future.
The CRC is
the world's most widely accepted human rights agreement,
which Israel ratified in 1991, without any reservations.
The PA also signed it in 1995. It contains 54 articles
that are to apply to every child within a State's
jurisdiction without discrimination of any kind (Article
2). Among the guiding principles of the CRC are that
the "best interests of the child" should be a primary
consideration in all decisions and procedures related
to the child (Article 3), children's rights to survival
and development be prioritized (article 6), and guarantees
of protection from all forms of violence, whatever
the reason, and whoever the perpetrator.
Though Israel
is obliged to extend to Palestinian children the same
rights and protection as Israeli children (Halabi,
1991; Veerman and Gross, 1995), it has refused to
discuss Palestinian children in the Occupied Territories
in its report to the Committee on the Rights of the
Child. Rejecting this and embarking on a whole range
of issues concerning Palestinian children, this independent
non-political committee of experts started by stating:
The Committee's
conclusions are corroborated by the findings of the
Special Rapporteur of the Commission on Human Rights,
on the situation of human rights in the Palestinian
territories occupied by Israel since 1967, by Mr.
John Dugard. A full treatment of issues dealt by the
Committee, or the Rapporteur, is beyond the scope
of this article. Consider the blocking of access to
education and juvenile justice. "Some schools have
been commandeered by the IDF for use as military outposts;
others have been bombed; over a hundred have come
under fire, both in the daytime when the schools are
in session and at night. Children are afraid and unable
to concentrate. It is impossible to assess the long-term
psychological harm caused to children by these assaults
on their schools, the killing and wounding of their
friends and the growing poverty they experience at
home. Many have simply lost their childhood" [UN Special
Rapporteur 2002:44-45. See also Giacaman et al., 2003].
Amidst continuing acts of terror on both sides, especially the
deliberate and indiscriminate targeting and killing of Israeli
civilians, including children, by Palestinian suicide bombers,
the Committee recognizes the climate of fear which persists and
(Israel's) right to live in peace and security. At the same time,
the Committee recognizes that the illegal occupation of
Palestinian territory, the bombing of civilian areas,
extrajudicial killings, the disproportionate use of force by the
Israeli Defence Forces, the demolition of homes, the destruction
of infrastructure, mobility restrictions and the daily
humiliation of Palestinians, continue to contribute to the cycle
of violence.
Equally troubling
is the Rapporteur's finding on Israeli juvenile justice
regarding Palestinian children:
About 1,000 children under the age of 18 have been arrested and
detained since September 2000 in connection with crimes relating
to the Palestinian uprising. Most over 90%--have been arrested
on suspicion of throwing stones at Israeli soldiers. Children
are tried in Israeli military courts. Interrogation in order to
secure a confession continues for several days and is
accompanied by beating, shaking, threats, sleep deprivation,
isolation, blindfolding and handcuffing. The Israeli Supreme
Court, in its 1999 decision outlawing physical methods of
interrogation, accepted that inhuman methods of interrogation
qualifying as torture might be employed in a case of
"necessity"--where it is imperative to obtain information
urgently about the "ticking bomb". This alleged exception to the
prohibition on torture is clearly inapplicable where the aim of
the interrogation is not to extract information about a ticking
bomb but about stone-throwing by children. (UN Special
Rapporteur 2002: 49-50)
The international
community watches disinterestedly or helplessly as
Israel moves with impunity against Palestinian children
as demonstrated by recent IDF operations, including
the Jenin incident in which children were most affected.
UNICEF, mandated by the UN General Assembly to advocate
for the protection of children's rights globally,
has also been concerned about Palestinian children's
rights. On one hand is the pattern of collective punishments
and general measures--from house demolitions and closures
to family separation--which have a disproportionate
impact on children. At the same time, the lack of
access of UN humanitarian agencies to affected Palestinian
communities make it nearly impossible to deliver crucial
aid to vulnerable communities suffering under curfews
and military incursions' (UNICEF 2002).
Cohen and
Goodwin-Gill (1994:60) point out the difficult in
construing the legal status of the Israeli-Palestinian
conflict. "The intifada does not qualify as 'hostilities'
as that term is generally used in international humanitarian
law, and children are not being recruited as such.
The situation is governed by law, however, specifically
the fourth Geneva Convention". Palestinian children
are not child soldiers as such, and they have special
and heightened protection as child civilians in armed
conflict (Kuper, 1997). Moreover, a child rights perspective
helps clarify that Israel cannot deny children their
rights merely because some of them protest the Israeli
occupation. Beyond prevention, protection and provision,
the CRC also guarantees participation rights (Article
12), which set out the principle that children should
be listened to on any matter which concerns them,
and their views given due consideration in accordance
with their age and maturity (Lucker-Babel, 1995:396-97).
In the case
of the Palestinian children, there appears to be a
conflict between their right to protection from violence
and their right to self-expression through demonstrations.
Veerman and Levine (2001:86), noting the need to clarify
legal protection concepts in fluid situations, call
for "a careful, calibrated international response
which will result in the best possible equilibrium
between these conflicting rights, while taking the
basic security of all parties into account". However,
Israel's refusal to apply international humanitarian
law and basic human rights standards to Palestinian
children challenges not only the effectiveness of
international human rights regime, but makes a mockery
of the project of universal application of child rights
norms.
CONCLUSIONS
In contrast
to the role of the children in the first intifada,
which was credited with bringing about the Oslo peace
process, the present escalation of violence with children
in a deadly and tragic cast of characters does not
appear to have resulted in rethinking the Palestinian-Israeli
dispute. The hundreds of Palestinian children killed
and thousands injured have not stopped the cycle of
violence. It may instead have provoked "a macabre
competition between Arab and Jew to claim the youngest
victim of the revolt" (Goldenberg, 2001). This is
a strange moral equivalence. Children are being used,
not to argue for peace and justice, but to rationalize
acts of oppression, state terrorism and terrorism
that target or condone targeting of children. A human
rights approach, however, demands that both parties
distinguish their targets and spare children as required
by international humanitarian law.
As the long
tortuous journey using the "road map" begins, the
lack of a child centered perspective leaves the Palestinian
child traumatized, demonized and legally discounted.
They are vulnerable, without protection, and easily
provoked into a process that results in derogation
of their inalienable rights. Like all other Palestinian
rights, child rights too seem contingent on passivity
and reform. What is demanded, then, of Palestinian
society is a reconfiguration of the Palestinian family
and childhood itself, even while the conflict rages
and destabilizes families. To fail to acknowledge
the reality of the pressures and limitations of Palestinian
childhood is to refuse to comprehend and deal with
the symptomatic deviancies.
The distress
of Palestinian children--as victims, bystanders and
participants--points to serious long-term effects
on their psycho-social development. Surely, "if today's
generation does not have the opportunity to grow up
in an atmosphere of trust, tolerance and justice,
there can be little hope for stability in the region"
(UNICEF, 2002). Palestinian children have difficulties
in envisaging a future based on rights. Only two of
the 120 children interviewed in a recent study in
the occupied territories said that they could imagine
a Palestinian state in the next decade. Almost all
the rest envisaged poverty and violence (Save the
Children, 2002). These children desperately need hope,
normalcy, and protection. Both the Israelis and Palestinians
must not only take into consideration the "best interests"
of all children but also talk to the Palestinian children,
recognizing their legitimate status as participants,
not outlaws. Respect for child participatory rights
is the only way of communicating to children their
responsibilities to prevent abuse of their rights.
There is
no dearth of evidence regarding the magnitude or multiple
levels of human rights violations of Palestinian children.
In addition to the cries of Palestinian activists
or credible NGOs there are now authoritative reports
from the UN Committee on the Rights of the Child and
the UN Special Rapporteur. Israel is morally obliged
to widely distribute and debate these findings. This
ability to convert the human rights discourse into
effective child protection strategies would, however,
depend on pressure that can be exerted on all sides,
particularly Israel.
The question
for not just Israel but the rest of the world, is
whether Palestinian children are entitled to equal
rights as Israeli children or their own children.
Are they entitled to special protection as children
living under occupation or discarded because they
do not subscribe to the oppression? It is the responsibility
of both Israeli and Palestinian adults to denounce
violence and move toward peaceful solutions that offer
real hope to their children and to future generations.
It is easy to dismiss child rights as a bunch of ideas
without the prospect of enforcement. However, if the
world's most widely ratified international instrument
cannot come up with a strategy to protect the Palestinian
children, it will no doubt make a mockery of the legitimacy
of the child rights regime itself.
* Senior
Lecturer in Law and Human Rights, University of East
London, Duncan House, High Street Stratford, London
E15 2JB United Kingdom
(1) Palestinian
children are dispersed throughout the world, particularly
in the United Nations Relief and Works Agency for
Palestine Refugees in the Near East (UNRWA) run refugee
camps in Jordan, Lebanon, the Syrian Arab Republic.
(Using a refugee law framework for Palestinians is
also problematic see Sait 2002)The status and treatment
of Palestinian children within the pre- 1967 borders
of the State of Israel is also controversial but this
article focuses on the Palestinian children in the
Israeli occupied territories of West Bank and Gaza.
As per the article 1 of the 1989 Convention on the
Rights of the Child, a child is someone under the
age of 18.
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M. SIRAJ
SAIT *
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