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Forward to the Past? Loyalist Paramilitarism in Northern Since 1994

Rachel Monaghan

Author post-print (accepted) deposited by Coventry University’s Repository

Original citation & hyperlink: Monaghan, Rachel, and Peter Shirlow. "Forward to the past? Loyalist paramilitarism in since 1994." Studies in Conflict & Terrorism 34.8 (2011): 649-665. http://dx.doi.org/10.1080/1057610X.2011.583205

ISSN - 1057-610X

Publisher: Taylor and Francis

This is an Accepted Manuscript of an article published by Taylor & Francis in Studies in Conflict & Terrorism on 21st July 2011, available online: http://www.tandfonline.com/10.1080/1057610X.2011.583205

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Forward to the Past?

Title: Forward to the Past? Loyalist Paramilitarism in Northern Ireland since

1994

Authors: Dr Rachel Monaghan (University of Ulster) and Dr Peter Shirlow (Queen’s University )

Short bios: Rachel Monaghan is a senior lecturer in criminology at the University of Ulster. She has been researching paramilitary violence in Northern Ireland for the past twelve years and has published extensively on this topic.

Peter Shirlow is the Director of Education in the School of Law at Queen's University Belfast. He is co-author of the books Belfast: Segregation, Violence and the City and 'Beyond the Wire': Former Prisoners and Conflict Transformation in Northern Ireland (both Pluto Press: London).

1 Forward to the Past?

This article considers in detail loyalist paramilitary activity in Northern Ireland since the paramilitary ceasefires of 1994. The continuing nature of contemporary loyalist violence is documented with reference to sectarian attacks against members of the ‘Other’/Catholic community and associated symbols of that community, violence directed at other loyalists and the potential for future violence given constitutional uncertainty regarding Northern Ireland’s position within the United Kingdom. The article also challenges assumptions within the broader literature of an inability within loyalist paramilitary groups to move beyond violence in the post- ceasefire period with particular reference to their conflict transformation efforts.

Background

Prior to the 1990s Northern Ireland’s history was characterised by a period of protracted low-intensity conflict often referred to as the ‘Troubles’, with the advent of paramilitary ceasefires in 1994 and the signing of the Belfast Agreement in 1998,

Northern Ireland is considered to be post-conflict.1 has many peculiarities and contradictions within it. The main organisations the Ulster

Volunteer Force and Ulster Defence Association (and their nom de guerre the Ulster

Freedom Fighters) mainly targeted civilian Catholics (some 80 percent of all of their victims) following the vain idea that if they did so they would stop the Irish

Republican Army and its violent campaign to create a united Ireland. However, members within the same organisations in the 1970s and 1980s aimed for peace, power-sharing and accommodation with the nationalist (mainly Catholic population).

Unlike Irish Republicans loyalist paramilitary groups were rarely managed in a direct manner. They tended towards more confederate structures and most certainly had memberships with variant levels of sectarianism and ideology within them. Much of their violence was based on their assertion that the British State’s hands were ‘tied’

2 Forward to the Past? by conventional laws of engagement and that their role was to use violence to prevent the collapse of Northern Ireland’s constitutional position within the United Kingdom.

Yet, despite a political solution to the conflict, political violence albeit on a lower level than previously experienced still continues. The particular focus of this paper is loyalist paramilitary activity. Thus the objectives of this paper are to measure and explain the nature of loyalist violence since the ceasefires of 19942; to examine that violence at the level of sectarianism, feuding and future constitutional change; to determine the meaning and rational of such violence; to analyse the form and potential of conflict transformation and the re-definition of loyalism; and to examine and challenge the external attitudes directed at loyalists and how this perpetuates criminalisation and loyalist insecurity.

Peace and Violence

Analysis of post-conflict violence generally examines renewed conflict between enemies, the rise of dissidents opposed to peace making initiatives and those who morph into criminal gangs.3 In South Africa and Serbia some paramilitaries sought the maintenance of status through “punishment” violence, revenge or extensive criminality. Dowdney argues that such violence maintained lost status while Stedman and Boyce assert that dissenters aim to ‘spoil’ what they view as unjust peace accords.4

Such analyses are partly valid with regard to post-ceasefire loyalism.5 Violence, although declining, continues and criminal activity has grown.6 Sluka contends that loyalists continue to mount an “insidious campaign of violence against Catholics”

3 Forward to the Past? despite their ceasefires and peace process.7 A perception that loyalist paramilitary groups are synonymous with criminal gangs is further enhanced by high profile loyalists’ engagement in criminal activities, examples would include the Ulster

Defence Association’s (UDA) Andre Shoukri and the ’s (UVF)

Mark Haddock, who was later revealed as a paid agent of the State.8 In addition, the attitudes of ‘middle’ or ‘political Unionism’ have compounded this perception:

Pro-state paramilitaries usually have a more difficult relationship

with their community of origin than do anti-state paramilitaries –

the latter often being seen as freedom fighters whilst the former are

often seen as ‘thugs’ in a context where the state has played a

primary role representing a community’s interests.9

Therefore, it is not surprising to learn that only 3 per cent of Protestants supported the prisoner release scheme put in place by the Belfast Agreement and the Democratic

Unionist Party’s response to the scheme stated: “All decent people recoil with moral contempt at the prospect of the mass release of those who have murdered and maimed the innocent.”10

However, the present leadership attached to the UVF, Red Hand Commandos (RHC),

UDA and Ulster Freedom Fighters (UFF) sponsor conflict transformation and reconciliation and have aimed to curb and re-direct the nature of loyalist military violence. They have, for example, excluded members who perpetuated sectarian and racist violence and criminality.11 Moreover, the UVF and the RHC in May 2007 announced that they were assuming “a non-military civilianised role” which

4 Forward to the Past? culminated in June 2009 with the decommissioning of arms.12 Similarly, the UDA issued a Remembrance Day Statement (2007) acknowledging that “the war is over” and stood down the UFF’s active service units.13 Decommissioning of arms commenced in September 2009 and was finalised in early 2010.14

Bruce in particular has highlighted the identities, personalities and events that have driven loyalist violence.15 The vacuum created by the peace process and Bruce’s prediction that Irish Republican Army (IRA) demilitarisation would create a “hollow façade” for loyalists is crucial in interpreting post-conflict outcomes.16 The pro-state character of loyalism undermined political adjustment and is crucial in exploring a truncated adjustment to peace.

The leadership’s commitment to conflict transformation is important but has been paralleled by the use of violence especially against those who have undermined loyalist “authority.” The utilisation of violence against loyalist opponents is envisaged as a “necessary” removal of a key impediment to loyalist transition. Such violence highlights the somewhat intangible nature of loyalism and encourages external renditions that present it as an “idiocy that comes with a fragmented culture that has lost both memory and meaning.”17

Loyalism is also castigated for “lacking” the capacity to socially transform. As noted by Alison, “‘liberatory’ forms (Irish republicans) also usually incorporate fairly wide-ranging goals of social transformation as part of their political programmes while state and pro-state nationalisms (loyalists) do not.”18 Morrissey bemoans the existence of a “warlord syndrome” in Northern Ireland whereby organisations

5 Forward to the Past? representing ex-combatants become arbitrary gate-keepers of their respective communities hindering the ability of the statutory sector to work in working-class areas.19

Commentators also note the electoral failures of parties directly associated with loyalist groups.20 The (UDP) associated with the UDA formed in 1981 was dissolved in 2001 and had few electoral successes during its twenty years of existence. Its role has largely been taken over by the Ulster Political

Research Group. The Progressive Unionist Party (PUP) aligned with the UVF had greater electoral success and in the March 2007 Northern Ireland Assembly elections secured enough votes to return one elected politician to Stormont. At the local council level, the party has two councillors on .21 As Smyth argues “the political path has not yet provided the political wings of the Loyalist paramilitaries with a viable alternative to violence, since they failed to parallel the electoral success of Sinn Féin on the Nationalist side.”22

Thus loyalism is generally represented as failing to determine a social space with a positive vocabulary regarding the ownership and meaning of its own identity; having undermined the potential to build social capital; infested with criminals; and divided between neo-fascism and socialism. Such depictions have worth but are counter- balanced by those loyalists who in rejecting the efficacy of violence as a strategy in itself provide a powerful exercise in moral leadership. In challenging negative portrayals of them loyalist leaders argue that positive presentations of conflict transformation are generally unmentioned by external commentators; they have done much to quell elements intent upon a return to conflict; networks have been created

6 Forward to the Past? that encourage dialogue with former adversaries; that they promote the principles of conflict transformation; and loyalists are building links with statutory agencies in order to encourage social capital formation.

Positive and negative forms of loyalism have always co-existed and the peace process is allowing “thinking” loyalism to emerge, if slowly and unevenly.23 With the exception of Bruce and McAuley the role of “transitional” loyalism is under- explored.24 In furthering these analyses the research team considered recent violence and the capacity to shift into progressive and legitimate domains. Such a transition is crucial with regard to ending victimization, encouraging citizenship and demobilising threat. Despite the immediacy of such issues it is obvious that the capacity to shift loyalism forwards has come from within. There has been insufficient external recognition of positive loyalist leadership within public discourse while much has been made of its failures. For example, the Alliance Party demanded the end to loyalist funding following the shooting of a police officer in while

Northern Ireland’s Social Development Minister, Margaret Ritchie, tried to withdraw support for a £1.2m project aimed at helping to move the UDA away from violence.25

Despite this and the ad hoc nature of it transitional attitudes and models are being advanced and their promotion aims to emasculate a loyalism that does not shift forwards but returns to a de-stabilising past.

Methods

Within social science research it has been recognised that “gaining access and insight into partially or wholly deviant groups is fraught with difficulties.”26 However, gaining access was not a problem regarding this study. The research team have

7 Forward to the Past? created strong working relationships with loyalists despite critical assessment of them.

To some extent paramilitary groups are willing to engage if trust has been established.

Key loyalists do not discourage criticism if it is based upon open research criteria that underlines the aims and objectives of what is being studied and are informed and shown the material that is to be produced, even if that material is critical and negative of them.

Trust is generally established over a long-time frame. Among many loyalists there is recognition that academic research furthers conflict transformation via external dialogue. The trust built in previous projects allowed greater access than previously granted. Thus the respondents included two prominent members of the RHC, a member of the UVF’s Brigade Staff, a UVF Company Commander, two Inner

Council members of the UDA/UFF, and 12 volunteers drawn across these organisations. Two members of the (LVF) were also interviewed as were political representatives from seven local political parties and spokespersons from the Conservatives and the Liberal Democrats. The Assistant

Chief Constable was interviewed as well as staff from the British-Irish Secretariat, the former chair of the Loyalist Commission and members of the community sector.

Analysis emerged through a process of snowball sampling, intermediary agencies and personal contacts. This is a non-probability sample and it is legitimate to question the quality of data arising from this methodological approach. The research did, however, triangulate data on loyalist paramilitary violence through semi-structured interviews with community organisations, and statutory bodies with experience of such violence, feedback from political parties and secondary data sources (newspapers, community-

8 Forward to the Past? newssheets and police statistics). The nature and types of violence undertaken, the justifications for its use were independently repeated in the accounts of a number of interviewees. An “ideal-type” sampling framework simply is not available to researchers in areas of high sensitivity.27 Liebling and Stanko note that “telling any story about violence entails a negotiation with norms.”28 Thus the research team make normative judgements about the types of information gained.

Low ranking members displayed a very localised knowledge concerning loyalist activity compared to elite members who held wider interpretations. Members of the same organisation had at times dissimilar motivations and attitudes. In overcoming these difficulties the research team undertook interviews across a broad spectrum from “foot soldiers” to leaders. Qualitative work was undertaken with individuals in order to ensure that respondents spoke without hindrance from other members. In previous research, some individuals would not dissent when they were interviewed in the company of others. Younger and more critical voices tended to remain silent.

Personal interviewing encouraged diverse opinions and perspectives to be raised via specific quotes and broad themes. The identity of these members of illegal organisations is withheld.

The research also incorporated a measurement of violent events both through the collation of deaths data and the mapping of these events in Belfast. Postcodes relating to site of death, especially in the early 1970s and beyond Belfast, are deficient. There are several indexes regarding politically motivated deaths in Northern Ireland and criticism of them regarding their accuracy. With regard to this the research team

9 Forward to the Past? undertook the assemblage of their own database via newspaper articles and information provided by respondents and the police.

A list of deaths in Northern Ireland from 1966 to (May) 2010 was also created. This was presented to interviewees for comment and in several cases the group responsible was altered. The post-1994 data was generally agreed but in several circumstances the status of the victim remained contested. The UVF, for example, contended that two persons noted as Protestant civilians were members of the LVF, although the LVF respondents denied this. In order to create standardisation the research team accepted the organisational claiming of members.

A database of reported loyalist paramilitary “punishments” was also created. Unlike the available police data, the research team via consultation with respondents were able to attribute responsibility to respective loyalist paramilitary groups.

Loyalist Violence

In developing a frame within which to analyse loyalist violence Rosenbaum and

Sederberg’s triple-level typology of vigilantism or “establishment violence” was adopted and developed.29 Such violence “consists of acts or threats of coercion in violation of the formal boundaries of an established socio-political order which, however, are intended by the violators to defend that order from some form of subversion.”30

Accordingly Rosenbaum and Sederberg’s levels of vigilantism involve crime control vigilantism, social group control vigilantism and regime control vigilantism. Crime control vigilantism is directed against those individuals believed to be engaged in

10 Forward to the Past? illegal activities, for example “punishment” attacks on suspected criminals or individuals engaged in anti-social behaviour. Social group control vigilantism aims to control groups vying for a new social order, for example loyalist sectarian attacks on

Catholics. Regime control vigilantism is establishment violence designed to alter the regime’s functioning, for example the involvement of loyalist paramilitaries in the

Ulster Workers’ Council Strike, which saw the collapse of the Sunningdale

Agreement in 1974.31

Such “actor-based” violence remains but in fewer incidences. Crime control violence is commonly identified but is declining. Social group violence, especially with regard to the activities of the Loyalist Volunteer Force, C Company and the Red Hand

Defenders (a cover name used by C Company), has also been undertaken although this violence has declined. The capacity to undertake regime change violence has dwindled. Key loyalists supported the Belfast Agreement or understood their inability to mobilise against it. The potential of regime change violence still lies in constitutional uncertainty. There is an additional dimension that is crucial in undertaking contemporary loyalist violence and that is internal group control based upon feuding, criminality and dissent.

Loyalists were responsible for 977 deaths in the period between 1966 and the ceasefires of 1994.32 The majority of victims (74.1 percent) were civilian Catholics.

Loyalist violence in Belfast has been undertaken within a narrow arena that is largely confined to the Shankill in west Belfast and the interfaces between it and nationalist/republican places. Other boundary zones between Donegall Pass and the

Lower Ormeau (south Belfast) and Short Strand and Ballymacarrett (east Belfast) are

11 Forward to the Past? important. Few killings took place beyond these interface zones and within the centre of republican/nationalist communities. UVF bombings produced sites of multiple casualties most of which were public bars, for example, the bombing of McGurk’s

Bar in Belfast in 1971 which resulted in the deaths of 15 people.

According to the data in the period prior to the ceasefires of 1994 the UVF/RHC were responsible for 534 deaths or 54.6 percent of all loyalist fatalities. Catholic civilians constituted 72.6 percent of victims. Only 4.3 percent of all victims were either republican paramilitaries or Sinn Féin members. A further 3.1 percent were members of the UVF and 2.8 percent of victims were members of UDA/UFF.

A similar pattern emerges in relation to UDA/UFF violence in the same time period.

This grouping was responsible for some 406 murders with the majority of victims civilian Catholics (71.4 percent). Additionally, 4.9 percent of victims were members of the UDA/UFF and 1.1 percent were members of the UVF.

An obvious feature of loyalist violence between 1966 and 1994 was a significant decline in the death rate after the mid 1970s, especially within Belfast (Figure 1).

Figure 1: Loyalist Attributed Deaths in Belfast from 1966 (By Organisation)33

12 Forward to the Past?

A rise in loyalist violence occurred in the 1980s but this growth did not match previous levels. The rise in violence after 1986 was closely linked to the activities of the UFF’s C Company and the Mid-Ulster Brigade of the UVF. The emergence of C

Company as dedicated militarists under the leadership of and the growing military status of the UVF’s Mid-Ulster Brigade member, was important with regard to future violence. The formation of the LVF in 1996 was directly linked to the mid-Ulster UVF, under Wright’s leadership, perpetuating sectarian murder and being expelled from the organisation by the UVF leadership.

According to the data there have been 98 loyalist killings since 1994 with two-thirds of these (59) occurring in just four years: 1997 15 killings, 1998 17, 2000 12 and 2001

13 Forward to the Past?

15. These deaths can be further classified with regards to victim type and organisation responsible as detailed in Table 1.

Table 1: Post-Ceasefire Loyalist Attributed Deaths34 (1994-2010)

Group Responsible

Victim UVF LVF* C UDA/UFF Unspecified RHC RHD Total Type Company Catholic 2 9 2 5 12 5 35 Civilian Protestant 11 2 2 4 1 1 21 Civilian UVF 5 3 1 3 1 13

UDA/UFF 3 3 8 1 15

C Company 1 1

Police 1 1 2

IRA 1 1

RHC 1 1 2

LVF 4 1 1 6

RHD 1 1

PUP 1 1

Total 25 17 9 21 15 2 9 98

*Includes unsanctioned murder whilst LVF members were in UVF.

With regard to social control violence the following can be observed from the data, 35 civilian Catholics were murdered by loyalists in the post-ceasefire period. This constituted 35.7 percent of all deaths attributed to loyalist paramilitaries. Civilian

Catholics constituted the minority of loyalist murders after 1994, although they remain as the largest identified group. Of this group 16 (45.7 percent) were murdered by the LVF, C Company and the RHD. An additional 12 (34.3 percent) were killed by none of the above organisations. Furthermore, 20 percent of Catholic civilians were

14 Forward to the Past? murdered by the UVF and UDA/UFF. For example, Gary Moore was shot dead in

December 2000 by the UVF while renovating houses on the loyalist Monkstown estate in , . The UDA shot Daniel McColgan, a postal worker as he arrived at work in (Newtownabbey) in January 2002. Only two murders were sanctioned by UFF Brigade members.35 None of these murders committed by the UVF were according to those interviewed sanctioned at leadership level.

Other examples of social control violence undertaken by loyalists would include the use of pipe bombs. These are crudely made improvised explosive devices that are relatively easy to construct. Such devices can inflict serious injuries and in some cases cause death.36 The Police Service of Northern Ireland (PSNI) estimate that loyalists were involved in 702 pipe bombing incidents between 2000 and the end of May

2010.37 Most of these attacks were directed at Catholic communities and targets included homes, cars, schools, churches, licensed premises and nationalist politicians’ homes and offices. There were 236 attacks in 2001 and 135 in 2002 (65 percent of all attacks). Attacks have been on the decline from 2003 (43) to a low of 4 in 2006 but have begun to increase slowly. Security situation statistics record 8 in 2008, 6 in 2009 and 4 thus far for the current year. Interviewees suggested that most of these attacks were conducted by C Company, RHD and UFF although the security situation statistics obtained from the PSNI do not provide a breakdown by group and further note that whilst the incident/devices may be attributed to loyalists based upon information available to the police they do not necessarily indicate the involvement of a paramilitary organisation.

15 Forward to the Past?

Historically, loyalist paramilitaries have undertaken a policing role in the communities in which they operate since the early 1970s.38 Initially this involved the mounting of roadblocks, patrolling the streets and gathering evidence against petty criminals. Over time a graduated scale or tariff system consistent with the seriousness of the offence under consideration has developed. This tariff ranges from warnings, threats, curfew, fines or restitution, placarding, tarring and feathering, beatings, shootings, exiling and ultimately death. Such crime control violence is in part a response to community pressure for the organizations “to do something” about crime in their areas. As a UVF Commander in Belfast explains,

We want to see the end of punishment attacks in the same breath

there is a community out there who is reliant on the UVF to mete

out punishment, because in many cases the PSNI aren’t responding

and in other cases the PSNI are directing people to us knowing

they will get more satisfaction.39

Loyalist paramilitaries also take action against their own members for disobeying orders or breaching internal codes such as self-gain robberies or misusing the organization’s name. According to a member of the RHC Brigade Staff,

Well most of it [“punishments”] would be internal. A lot of it would

be anti-social, drug-related or discipline with the paramilitary

ranks…The levels would, if it is a misdemeanor it could be a slap

round the head; if it’s something serious he could get one in the leg;

the very extreme is being shot in the head, which is very unusual.40

16 Forward to the Past?

Therefore, the decision by paramilitaries to assume a policing role is also based in part upon a need for the organizations to ensure their own security and survival.

With regard to crime control violence in the post-ceasefire period, the research team found that 21 civilian Protestants were murdered, more than half by the UVF. Many were the result of “punishment” attacks, for example the death of David Templeton in

1997 six weeks after receiving a beating from the UVF while others were innocent bystanders or misidentified paramilitaries. In terms of “punishment” beatings, the research team recorded 546 from the ceasefires of 1994 until the end of May 2010.

Nearly half of these are attributable to the UDA and some 40 percent to the UVF.

“Punishment” shootings in the same period equalled 704 with both the UDA and UVF responsible for 47 percent of such attacks respectively. “Punishment” violence has declined significantly since 2005 as indicated in Figures 2 and 3.

Figure 2: “Punishment” Beatings Attributed by Organisation

17 Forward to the Past?

Figure 3: “Punishment” Shootings Attributed By Organisation

During the course of the “Troubles” loyalist paramilitaries have taken action against other loyalist paramilitary groups. Feuds resulting from such actions are nothing new as Bruce contends that “like any two competing organizations, the UDA and UVF have rarely been on good terms for long.”41 Early disagreements were limited to fist fights but by the mid 1970s in Belfast this had escalated to bomb attacks against the homes of both UDA and UVF men.

With regard to internal control, the research team found in the post-ceasefire period

36 loyalists were killed by other loyalists. This constitutes 35.7 percent of all victims.

Nineteen (52.3 percent) were killed in internal feuds and “punishments” and 17 (48.5 percent) were killed in inter-group feuding. The recent murder of Shankill loyalist

Bobby Moffett a RHC member by the UVF has raised the question as to whether the organisation has in fact handed over all of its weapons when it decommissioned its arms in June 2009.42 Furthermore, the continued division between the mainstream of the UDA and the South East Antrim group persists although tensions have lessened.43

The flow of deaths in the post-ceasefire period is illustrated in Figure 4.

18 Forward to the Past?

Figure 4: Loyalist Attributes Feud Deaths

12

10

8

6

No. of deaths

4

2

0 1973 1974 1975 1976 1992 1993 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Year Number of deaths

An evident peak in internal violence emerged post-1999 as a result of the feud between C Company and the UVF and the UVF and LVF. Feud deaths grew again after 2001 due to conflict between the UFF and C Company and the UVF and North

Belfast LVF. Feud deaths in 2005 related to the UVF move to “obliterate” the LVF.

Some 15 (51.6 percent) of loyalist murders were undertaken by or against the LVF, C

Company and the RHD. Two key individuals, Billy Wright and Johnny Adair, are central in the explanation of that violence. Bruce argues there is little in the way of theoretical analysis that can be applied to these persons.44 They are understood, by other loyalists, as psychotic, self-indulgent and encouraged by “shadowy” figures within the security forces opposed to the peace process.

19 Forward to the Past?

A member of the LVF argued that their rationale was to take “loyalism back to war” as the peace process “aimed to carry us into a United Ireland.”45 The LVF’s disbandment in 2005, after UVF violence, was partly based upon ideology but due mostly to their challenge to UVF authority. The eventual removal of C Company, by the UFF, was based upon Adair’s desire to control the parent organisation. C

Company’s use of ethno-sectarian violence is understood as an opportunistic display of status and ability and not a desire to “spoil” peacemaking initiatives.

Without doubt these persons had gained a reputation for ruthless violence and through their desire for perpetuated status dis-engaged themselves from wider loyalist discourse. Irrespective of their motivation Kriesberg’s argument that the basis of conflictual behaviour is “an intention to induce the other side to yield what the coercer wishes to obtain” is instructive.46 The “other” side with regard to post- conflict violence were increasingly loyalists. As noted by a member of the UFF Inner

Council:

What motivated Adair and Wright isn’t important anymore.

They’re gone as are others like them. They wanted to keep using

violence to further their own aims. We wanted to build peace but

we had to fight them to get loyalism back onto the track for

peace. Their aims were outta sync with the broader loyalist

community.47

Established leaders claim they struggled to steer a course between promoting non- violence and utilising violence towards these groups. Furthermore, the removal of

20 Forward to the Past? these groups was based upon debilitating the desire of others to join them. As noted the Commanding Office of the RHC:

In other words, if you were having to discipline someone

within your own organisation, tactics became different because

where you once would have expelled someone, you had to be

conscious of what you were doing because them people would

have run and jumped onto this other vehicle, so that vehicle

had to be destroyed once and for all because the LVF, and

there is proof beyond a shadow of a doubt, started five feuds

and the last feud, people were adamant and determined, that

this would be the feud to end all feuds.48

This commentary echoes a definitive argument that the capacity to stop violence became a problem internal to loyalism. In the past, the main impediment to

“thinking” loyalism was the IRA.49 In the post-1994 era the key obstructions were internal. The “spoilers” came into opposition with “old friends.” The reaction to them, although illegitimate, signified a desire to expel and to reduce the potential for future violence. Militarists are “confident” that the removal of such elements will provide a more stable arena within which to pursue conflict transformation.

The Future of Constitutional Violence

The issue of a united Ireland presented a contested series of responses even among military leaders. Most respondents who held elite positions argued that the principle

21 Forward to the Past? of consent as outlined in the Belfast Agreement would be upheld. As noted by a senior UVF leader:

Well I spoke earlier about the principle of consent, and there is no

sense in being a hypocrite, if people desire otherwise then so be it. If

it is the will of the people then so be it. Put it this way – I like steak

but if you try to force steak down my throat I will reject it – and this

is the beauty of the principle of consent if people vote that way then

that’s what the people want and it is not forced upon them. If it was

forced upon us then I would reject it.50

Elite members did not accept that a united Ireland is a foregone conclusion. It was noted that the Irish state had come to disregard the desire for unification and the

British state viewed Northern Ireland as a problem that would be resolved internally.

However, a prominent member of the RHC argued that the position of loyalists was to oppose Irish unification despite the consent principle. As stated: “The same way we responded in 1969. The arms would be picked up again. Even if the people voted for it, you will always get an element that will resist.”51

All non-elite members who were aged under 30, although numbering only 12 persons, provided a distant view from their respective leaderships. They concluded that the

Belfast Agreement was illusionary and that to accept a united Ireland would be a form of commonly denoted “enslavement.” As noted by one respondent from the UFF:

22 Forward to the Past?

“We want peace and we will follow our leadership but only up to a point in time. If there is a threat of a united Ireland then a new generation will take to arms.”52

Such competing perspectives indicate a tension within loyalism and pinpoint a failure to create a unified voice. The necessary role of loyalist leaders with regard to transformation into constitutionalism is not beyond doubt.

Beyond Violence

Conflict transformation is interpreted within loyalism as a process of contestation within and beyond loyalism. It is understood that conflict is also set within a wide social arena that encompasses suspicion, mistrust and the desire to restrain human rights development. Additional, interpretations of conflict transformation within loyalism include the need to transform via an interpretation of equitable social, cultural and political definitions; that identity construction can both facilitate and undermine the deliverance of democratic accountability; and that conflict can only be resolved when adversaries understand the capacity for transformation and the part that they can play in resolving conflict.

The desire to prevent future occurrences of violent disunity has been divided into two general perspectives. Firstly, a conflict transformation perspective encourages an analysis of the antecedents of conflict as a way out of disagreement. Secondly, seeking out better ways to represent loyalism within a process of capacity building has also emerged. Additional features include lifting loyalism out of insularity and into a host of civic and inter-community based relationships; developing better relationships with government and statutory agencies; promoting restorative justice

23 Forward to the Past? schemes; creating alternative community narratives which link loyalism into a post- ceasefire process; and challenging the mythic status of violence and in so doing diverting youth attention away from paramilitaries and sectarian violence.53

From this perspective, paramilitaries and former paramilitaries involved in community work and restorative justice programmes seek to reduce tensions and/or promote reconciliation. There is a sense of the need to create an intersection between agency and structure via the shift from a military to negotiator role. In 2004, a strident critic of loyalist violence the Independent Monitoring Commission (IMC) recognised the potential valuable role community restorative justice programmes could play in their respective communities so long as they operated “accountably and to acceptable standards, fully respect human rights, and can demonstrate to people that they need not look to paramilitaries to deliver reasonable behaviour within their communities.”54 The following year, the Northern Ireland Office (2005) entered into a consultation period in relation to community-based restorative justice schemes and in

2007 published a Protocol for Community-based Restorative Justice Schemes outlining a framework for relations between the formal criminal justice system and such schemes.55 Five loyalist restorative justice schemes including the Greater

Shankill Alternatives which has the support of the UVF have now secured government approval. The operation of such schemes is crucial in the delivery of alternative “policing” methods. Loyalists have also formed inter-community groups to stop interface violence, provided seminars to youths to promote anti-violent approaches, worked with republicans on shared history and prisoner issues and developed links with statutory agencies in order to draw resources into Protestant communities.

24 Forward to the Past?

Academic and funder-led evaluation of loyalist community engagement has been positive and in particular praises the promotion of values of non-violence, human rights and inclusiveness.56

An important factor in the promotion of non-violence is the extent to which the military leadership offered is found to be credible among the rank and file. Credibility has been important with regard to dissuading a return to large-scale violence as it provides legitimacy to anti-violence discourse, but operates as a further example of the internalised nature of transition. As a senior UFF member concluded:

Look you see if you went with all the goodwill in the world and said

“Lads the reasons for not going back to war are this and that.” They

would listen but not heed you. If I walk in and say “look I whacked

so and so,” the same fellahs would listen. We might say the same

things but you don’t have the stripes like I do.57

A fundamental problem for those involved in such interventionist work is the threats that are endured. As noted by a UVF member:

You challenge the drug dealers in your own ranks and they could

just shoot your dead. These are the people who don’t give a shit

about the peace process. You see if we have a settled society then

they will have to go. So it is in their interest to de-stabilise

loyalism.58

25 Forward to the Past?

UVF linked persons have been at the forefront of the internal discussions with republicans which led to the production of working papers concerning respective constituencies’ attitudes towards truth recovery processes.59 Outside their own immediate base, loyalist and republican former prisoners have played significant roles in other truth-focused initiatives. Loyalists have campaigned on a vast range of issues on behalf of themselves and Protestant communities. These include improved social services; facilities and rights; the establishment of local job-seeking and social capital schemes; welfare, education, counselling, advisory and advocacy roles; the creation of advice centres, family projects, counselling services, children’s activities and social activities; and campaigning for the rights of former prisoners and their families.

Despite such shifts there remains an antipathy towards loyalism that remains dedicated to their existence: As noted by Fred Cobain of the Ulster Unionist Party with regard to the maintenance of paramilitary structures,

I mean the whole raison d’etre for loyalist paramilitaries has

gone and if we are working through a peace process where

there is an end to republican paramilitarism, which they are

telling us it is, that’s what this process is, then there is no

raison d’etre for loyalist paramilitaries.60

According to a republican analysis loyalism, despite developing conflict amelioration initiatives, remains as a misguided arm of state collaboration that lacks social and cultural credibility:

26 Forward to the Past?

They don’t have an independent existence in terms of

determining what they do and where they go politically but in

fact their future is bound up with how the British securocrat

system sees the future. Up to this point the British securocrat

system has been using loyalists throughout the peace process and

before that to achieve their objectives.61

However, supportive attitudes are emerging: As contended by Sam Kincaid former

Assistant Chief Constable of the PSNI:

So I see for the first time, certainly in my experience in both sides

[UVF/UFF] a real effort, probably the last time we had anything as

determined as this in some sense would maybe go back to ’94 to the

Combined Loyalist Military Command but even then, I think that

was more to do with PR statements, I think there is genuine effort

being made by key people within organisations to say well the point

of all this has gone.62

Conclusion

The significant decline in political violence in Northern Ireland has been part-guided by loyalists including former paramilitaries who have played a vital role in conflict transformation. With regard to loyalist paramilitary violence this has included the development of alternative modes of thinking that have challenged once dominant militarist ideologies. The actors involved in these discursive shifts have pinpointed

27 Forward to the Past? alternative structures and strategies within which to pursue their respective belief systems via non-violent means. Raising alternative debates has been a key feature of such actor-group relationships and such discussions have been attached to wider political shifts that are in turn translated into conflict transformation based activities and programmes undertaken by former loyalist paramilitaries. From restorative justice schemes through to former prisoner groups that undertake inter-community social economy projects there is now a significant body of positive and meaningful non- violent loyalist paramilitary intervention. This is not to deny the negative impact of previous violence or to under-estimate the transition of some loyalist paramilitaries into criminal gangs but there has been an undoubted shift both in terms of practice and intent within the wider body of loyalism.

Loyalism is caught in bind between progressive and regressive elements. On the one hand some continue and even expand their criminal empires around extortion and drug dealing. In such cases this illustrates leadership constraints in terms of disciplining those who do so. Evidently loyalist leaders have, especially in the past decade, used such violence to control and discipline. However, when doing so this has spiralled into feuds and further criminalisation of loyalist violence against their criminal elements. A central concern of many loyalists is why the police do not remove such persons as opposed to resting responsibility for them upon loyalist shoulders.

Whilst on the other hand loyalists are involved in intricate intra and inter-community work that aims to transform loyalism from a de-stabilising past and potential future.

Those efforts aim to reduce interface violence, challenge the ‘glories’ of loyalist

28 Forward to the Past? violence and imprisonment and present loyalism as containing a coherent capacity driven potential. Ultimately, loyalist violence has declined due to not only a removal of mainstream republican violence but also through engendering ideas and concepts of transformation and the futility or violence. Problematically there has been insignificant interest in positive and transformative loyalism and commentary, especially public, remains negligible. To classify loyalism as a homogenous bloc undermines much of the realities that explains the falls in violence and the attempt to maintain non-violent interventions. Essentially, positive loyalism is left out on a limb by wider narratives of criminalisation and internal ‘spoilers and wreckers’.

The authors wish to acknowledge the support of ESRC funding (RES-000-22-1013) to carry out this work and the contribution of Dawn Purvis, with aspects of the fieldwork. This paper has been developed from the End of Award report submitted to the ESRC. Furthermore, we would like thank the anonymous reviewers for their suggestions for strengthening the paper. 1 See Marieanne Elliot, ed. The Long Road to Peace in Northern Ireland (Liverpool: Liverpool University Press, 2007); Chris Gilligan and Jon Tonge, Peace and War? Understanding the Peace Process in Northern Ireland (Aldershot: Ashgate, 1997); and Aaron Edwards and Stephen Bloomer, eds. Transforming the Peace Process in Northern Ireland: From Terrorism to Democratic Politics (Dublin: Irish Academic Press, 2008). 2 The Combined Loyalist Military Command (CLMC) issued a ceasefire statement ending “operational hostilities” as from midnight on the 13th October 1994. The CLMC represents the UDA, UVF and RHC. 3 David Keen, “War and Peace – What’s the Difference?,” in Adekeye Adebajo and Chandra Lekha Sriram, eds. Managing Armed Conflicts in the 21st Century (London: Frank Cass, 2001), pp. 1-22; Joe Moran, “Paramilitaries, ‘Ordinary Decent Criminals’ and the Development of Organised Crime Following the Belfast Agreement,” International Journal of the Sociology of Law 32(3) (September 2004), pp. 267-278. 4 Luke Dowdney, Neither War nor Peace: International Comparisons of Children and Youth in Organised Armed Violence (Rio de Janeiro: COAV, 2005); Stephen John Stedman, “Spoiler Problems in Peace Processes,” International Security 22(2) (1997), pp. 5-53; and James K. Boyce, “Aid Conditionality as a Tool for Peacebuilding: Opportunities and Constraints,” Development and Change 33(5) (November 2002), pp. 1025-1049. 5 Loyalism is here understood as loyalist paramilitarism and the groups associated with it. We acknowledge there are wider definitions of loyalism with regard to the imagined Protestant people of Ulster. See Arthur Aughey, “The Character of Ulster

29 Forward to the Past?

Unionism,” in Peter Shirlow and Mark McGovern, eds. Who Are ‘The People’? Protestantism, Unionism and Loyalism in Northern Ireland (London: Pluto Press, 1997), pp. 16-33. 6 Christina Steenkamp, “Loyalist Paramilitary Violence after the Belfast Agreement”, Ethnopolitics 7(1) (March 2008), pp. 159-176. 7 Jeffrey A. Sluka, ““For God and Ulster”: The Culture of Terror and Loyalist Death Squads in Northern Ireland,” in Jeffrey A. Sluka, ed. Death Squad: The Anthropology of State Terror (Philadelphia: University of Pennsylvania Press, 2000), p. 149. 8 Peter Shirlow and Kieran McEvoy, Beyond the Wire (London: Pluto, 2008); Office of the Police Ombudsman, Report on the Police Ombudsman’s Investigation into Matters Surrounding the Death of Raymond McCord Junior (Belfast: OPONI, 2007). 9 Claire Mitchell, “For God and ... Conflict Transformation? The Churches’ Dis/engagement with Contemporary Loyalism,” in Edwards and Bloomer, eds. Transforming the Peace Process in Northern Ireland: From Terrorism to Democratic Politics, p. 149. 10 Cited in Shirlow and McEvoy, Beyond the Wire, p. 11. 11 James W. McAuley, Jonathon Tonge and Peter Shirlow, “Conflict, Transformation, and Former Loyalist Paramilitary Prisoners in Northern Ireland”, Terrorism and Political Violence 22 (1) (2010), pp. 2-40. 12 The full statement can be found on the BBC News website at http://news.bbc.co.uk/1/hi/northern_ireland/6618365.stm. 13 The full statement can be found on the University of Ulster’s CAIN website at http://cain.ulst.ac.uk/othelem/organ/uda/uda111107.htm 14 For more details see Report of the Independent International Commission on Decommissioning, 25 February 2010. Available at http://cain.ulst.ac.uk/events/peace/decommission/iicd250210.pdf 15 Steve Bruce, The Red Hand (Oxford: Oxford University Press, 1992). 16 Ibid., p. 112. 17 Fintan O’Toole cited in Stephen Howe, “Mad Dogs and Ulstermen: the crisis of Loyalism (part one),” Open Democracy (September 2005), p. 4. Available at http://www.opendemocracy.net/globalization-protest/loyalism_2876.jsp. 18 Miranda Alison, “Women as Agents of Political Violence: Gendering Security,” Security Dialogue 35(4) (December 2004), p. 453. 19 Mike Morrissey cited in Claire Mitchell, “The Limits of Legitimacy: Former Loyalist Combatants and Peace-Building in Northern Ireland,” Irish Political Studies, 23(1) (February 2008), p. 3. 20 Marie Smyth, “Demilitarization and the Northern Ireland Peace Process”, Terrorism and Political Violence, 16(3) (Autumn 2004), pp. 544-566. 21 Progressive Unionist Party website, “What is the Progressive Unionist Party?,” available at: http://www.pup-ni.org.uk/home/default.aspx. Accessed: 22 October 2010. 22 Smyth, “Demilitarization and the Northern Ireland Peace Process”, p. 556. 23 Steve Bruce, “Turf War and Peace: Loyalist Paramilitaries since 1994,” Terrorism and Political Violence 16(3) (Autumn 2004), pp. 501-521. 24 Ibid.; James McAuley, “‘Just Fighting to Survive’: Loyalist Paramilitary Politics and the Progressive Unionist Party,” Terrorism and Political Violence 16(3) (Autumn 2004), pp. 522-543. 25 Alliance Party, “Alliance Leader demands end to loyalist funding after police shooting”, (23 July 2007). Available at:

30 Forward to the Past?

http://www.allianceparty.org/news/003182/alliance_leader_demands_end_to_loyalist _funding_after_police_shooting.html. Accessed: 22 October 2010; BBC, “UDA is in ‘last chance saloon’,” (10 August 2007). Available at: http://news.bbc.co.uk/1/hi/northern_ireland/6939636.stm. Accessed: 22 October 2010. 26 Simon Winlow, Dick Hobbs, Stuart Lister and Philip Hadfield, “Get Ready to Duck: Bouncers and the Realities of Ethnographic Research on Violent Groups,” British Journal of Criminology 41(3) (Summer 2001), p. 537. 27 Sharon Pickering, “Undermining the Sanitized Account: Violence and Emotionality in the Field in Northern Ireland,” British Journal of Criminology 41(3) (Summer 2001), pp. 485-501. 28 Alison Liebling and Betsy Stanko, “Allegiance and Ambivalence: Some Dilemmas in Researching Disorder and Violence,” British Journal of Criminology 41(3) (Summer 2001), p. 428. 29 H. Jon Rosenbaum and Peter C. Sederberg, Vigilante Politics (Philadelphia: University of Pennsylvania Press, 1976). 30 Ibid., p. 4. 31 The Sunningdale Agreement involved the creation of a devolved power-sharing executive for Northern Ireland in which unionist and nationalist parties together with the Alliance Party shared responsibility and presided over an elected assembly. For more information see Stefan Wolff’s chapter “Context and Content: Sunningdale and the Belfast Compared”, in Rick Walford, ed. Aspects of the Belfast Agreement (Oxford: Oxford University Press, 2004). 32 Data extracted from the research team’s deaths database constructed from newspaper articles and information provided by respondents and the police. 33 The recent murder of Bobby Moffett (28 May 2010) was the first loyalist death in Belfast since 2005. The (PAF) and the Protestant Action Group (PAG) were cover names used by the Ulster Volunteer Force (UVF) to avoid directly claiming responsibility for killings and other acts of violence. 34 Period included all loyalist attributed deaths from the 14th October 1994 until the end of May 2010. 35 Interviewee A, Inner Council Member UDA/UFF (November 2005). 36 For more information see AJ Gibbons, JN Farrier and SJ Key, “The Pipe Bomb: A Modern Terrorist Weapon”, Journal of the Royal Army Medical Corps 149 (March 2003), pp. 23-26 and James Lucas and Jack Crane, “Fatalities Associated With Home- Made Pipe Bombs in Northern Ireland,” American Journal of Forensic Medicine and Pathology 29(2) (June 2008), pp. 93-98. 37 Statistics supplied on request from the Central Statistics Unit, PSNI. Prior to January 2000, pipe bomb devices were classified as blast bombs or improvised explosive devices and as such separate figures for pipe bombs are not available for the years preceding 2000. 38 David Boulton, The UVF 1966-1973 (Dublin: Torc Books, 1973); and Rachel Monaghan, “The Return of ‘Captain Moonlight’: Informal Justice in Northern Ireland,” Studies in Conflict and Terrorism 25(1) (January-February 2002), pp. 41-56. 39 Interviewee B, UVF Commander (November 2005). 40 Interviewee C, RHC Brigade Staff (November 2005). 41 Bruce, The Red Hand, p. 124 42 Brian Rowan, “Decisive day as loyalist politics hits a defining crossroads”, Belfast Telegraph, 9 June 2010, p. 10.

31 Forward to the Past?

43 International Monitoring Commission, Twenty-Third Report (London: The Stationery Office, 2010). 44 Bruce, “Turf War and Peace.” 45 Interviewee D, LVF member (November 2005). 46 Louis Kriesberg, Social Conflicts (New Jersey: Prentice Hall, 1982), p. 32. 47 Interviewee A, Inner Council Member UDA/UFF (November 2005). 48 Interviewee E, Commanding Officer RHC (November 2005). 49 Bruce, The Red Hand. 50 Interviewee B, UVF Commander (November 2005). 51 Interviewee F, Prominent member of RHC (November 2005). 52 Interviewee G, Inner Council Member UDA/UFF (November 2005). 53 Peter Shirlow and Kieran McEvoy, Beyond the Wire: Former Prisoners and Conflict Transformation in Northern Ireland (London: Pluto Press, 2008). 54 Independent Monitoring Commission, Third Report (London, The Stationery Office, 2004), p. 36. 55 Northern Ireland Office, Protocol for Community-based Restorative Justice Schemes (Belfast: NIO, 2007). 56 Kofi Annan, “Learning the Lessons of Peace Building”. The Tip O’Neill Lecture. Magee College, University of Ulster (18 October 2004); Community Foundation for Northern Ireland, Taking Calculated Risks for Peace II (Belfast: CFNI, 2003); Neil Jarman, ed. Human Rights and Community Relations: Competing or Complementary Approaches in Responding to Conflict? (Belfast: Institute for Conflict Research, 2002); Kieran McEvoy and Harry Mika, “Restorative Justice and the Critique of Informalism in Northern Ireland,” British Journal of Criminology 42(3) (Summer 2002), pp. 534-563. 57 Interviewee G, Inner Council Member UDA/UFF (November 2005). 58 Interviewee H, UVF Volunteer (October 2005). 59 Eolas Project, Consultation Paper on Truth and Justice (Belfast: Relatives for Justice, 2003); and EPIC, Truth Recovery: A Contribution from Loyalism (Belfast: EPIC, 2005). 60 Interview with authors, Fred Cobain, Ulster Unionist Party (November 2005). 61 Interview with authors, Jim Gibney, Sinn Féin (December 2005) 62 Interview with authors, Sam Kincaid, PSNI (February 2006).

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