Source · Select Committees · Foreign Affairs Committee

Recommendation 4

4 Acknowledged

Agree and publish arbitrary detention definition, establish Envoy with clear objectives.

Recommendation
The Government should agree and publish a definition of arbitrary detention. In response to this report, the Foreign Secretary must outline his plans and set a firm timeline to establish an Envoy for Arbitrary Detention, which he has already promised to this Committee. He should publish the objectives for the postholder, so that the Committee can scrutinise the success or otherwise of the appointment. (Recommendation, Paragraph 30)
Government response summary AI-generated
The government partially agrees, committing to establishing an Envoy for complex detention cases and stating they are working at pace on the appointment, but does not provide a firm timeline or objectives. It disagrees with agreeing and publishing a definition of arbitrary detention, citing no single internationally agreed definition.
Summary of the government's response below — read the verbatim text to verify.
Government Response Acknowledged
HM Government · verbatim extract Acknowledged
The Government partially agrees with this recommendation. We agree with the Committee on establishing a role of Envoy to work on the most complex detention cases but disagree with the Committee on the definition. The FCDO is committed to strengthening support for British Nationals overseas, including through the appointment of an Envoy. The Envoy will work with Ministers and in direct support of families to deliver the government’s case strategies for the most complex detention cases. As the Prime Minister told the House at PMQs on 15 July, we are working at pace on the appointment. There are a large number of factors that may render an individual’s detention arbitrary but there is not a single internationally agreed definition. The Government takes all allegations of human rights violations seriously and raises concerns with local authorities where appropriate, employing a case-by-case approach based on the individual circumstances of each case. Where there are grounds to believe that detention may be arbitrary, all relevant colleagues, including consular human rights advisers, legal advisers, and relevant political colleagues, will convene to determine a case strategy, taking into account all information, including any opinions issued by the UN Working Group on Arbitrary Detention. Conclusion and recommendation 5–6 5. The Israeli Government’s refusal to allow media access to Gaza to report on the war is a breach of internationally recognised norms. Journalists’ work will be crucial as an informational basis for any long-term findings regarding the legality of the conduct of the war. (Conclusion, Paragraph 32) 6. The Committee condemns the killing of over 186 Palestinian journalists in Gaza and reiterates that Israel has a responsibility not to target journalists, who are protected under international law. While Israel has suggested that many of these may have been Hamas supporters, reporters from a wide range of reputable news organisations including Reuters, AFP and the BBC, have been denied entry into Gaza. Reporters Without Borders and over 200 press freedom advocacy groups have called for foreign journalists be granted immediate, independent and unrestricted access to the Gaza Strip. Ministers and diplomats must press their Israeli counterparts to restore access for journalists to report from Gaza, the West Bank and Israel, and lift the ban on media outlets that the Israeli Government does not agree with. (Recommendation, Paragraph 33) The Government agrees with this recommendation. We urge Israel to allow immediate independent foreign media access and afford protection for journalists operating in Gaza. Journalists and media workers play an essential role in putting the spotlight on the devastating reality of war. Access to conflict zones is vital to carrying out this role effectively. We oppose all attempts to restrict press freedom and block entry to journalists during conflicts. We also strongly condemn all violence directed against journalists and media workers, especially the extremely high number of fatalities, arrests and detentions. We have repeatedly called on the Israeli authorities and all other parties to make every effort to ensure that media workers in Gaza, Israel, the West Bank and East Jerusalem – local and foreign alike - can conduct their work freely and safely. A Palestinian State
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