16, February 1997

By S.S. Selvanayagam

Kilinochchi is being threatened by various diseases with remedial action being inadequate and the main hospital still working with lamps, Government Agent S. Thillainadarajah said.

He said malaria, including the cerebral type were rampant while the stock of malathion provided for preventive work was only one sixth of the required quantity.

The GA said water-borne diseases such as hepatitis, diarrhea and typhoid were also spreading as the water available in the area had not been chlorinated.

The GA said a generator for the Kilinochchi hospital was still stuck somewhere in Vavuniya because of security reasons.

By Iqbal Athas in Belfast, Northern Ireland

The contrasting graffiti tells the story. Hooded men with raised arms display their Armalite assault rifles. The IRA flag flies high aloft a long pole. The walls of the surrounding houses are painted with slogans.

They range from the milder "disband the RUC (Royal Ulster Constabulary) to the more harsher, mostly unprintable epithets against British rule or the British Army.

Oblivious to the surroundings, a group of British soldiers in olive green fatigues and heavy body armor go through their motions. With fingers on the trigger of SA 80 rifles, they run from one road to another, taking cover as they advance.

They take positions behind parapet walls, lamp posts and even trees as they leap frog forward in formation. Right behind these men, a soldier with a communications set and protruding antenna strapped to his back, follows. He barks into the microphone strapped to his chest as he walks pointing his SA 80 ahead. Every now and then, he places his back to his colleagues observing the rear. Other times, he sprints along when there is open ground.

The actions have the trappings of a planned assault on a nearby target. But there was none. Children were at play in the garden plots. Some rode their bicycles whizzing past the soldiers. The flow of civilian traffic, though interspersed with Police patrols in covered, armor plated Land Rovers, showed further signs of normalcy.

And that is normalcy in Belfast, the capital of northern Ireland, home for the Provisional Irish Republican Army better known world-wide by its acronym, the IRA.

Parapet walls, often decked with wire mesh, divide the Roman Catholic homes from those of the Protestants. This physical divide, perhaps one of the last since the Berlin Wall came down, is ironically called the Peace Wall. Those living on one side have not visited the other. They will mingle at the city center or in a work place. Electronic gates allowing the two sides access to the highways shut automatically at night.

When tensions rise, stones and improvised bombs of all sorts fly across the Peace Wall. The homes close to the wall on either side are not the much sought after. Rents are cheaper but many prefer to keep away.

Heavily fortified camps of the Royal Ulster Constabulary (RUC) or the Army dot the area. All of them have tall towers with rotating electronic cameras. From their Control Rooms down below, they keep watch zooming their cameras close range to see even the movement of vehicles.

British-built Gazette helicopters hover height above the ground observing and reconnaiting the ground below.

I am in the front seat of Eric Dalzell's white Ford Fiesta, as he drives along the streets of West and North Belfast, trouble spots which have been making front page and prime time news in the media. Eric is Principal Civil Representative or CIVREPS - head of a team of British civil servants who provide a link between the security forces and the local communities.

Our drive through the potential trouble spots of Belfast began that afternoon, just after Eric had ended one of the major tasks assigned to his organisation - make independent assessments of public claims for damages. Hardly a day passes without Eric's telephone being busy. Civilians ring to make a multitude of complaints. They range from disturbances caused by helicopters flying overhead at night to search or interrogation by security forces.

Earlier that day, members of the Royal Ulster Constabulary (RUC), the Police force in Belfast supported by soldiers had carried out a search for arms caches in West Belfast. It covered 15 homes. In one, RUC men drilled through the wall and inserted electronic cameras to look for hidden arms. They dislodged a carpet on the wooden floor to do the same thing. When the search ended, there were no arms to be found.

The householder complained to CIVREPS that damage had been caused. Eric went to the scene to mediate. He found some damage had been done to the wall and the carpets on the floor. So he fixed an award of Sterling Pounds 176 (around Rs. 16,368) as damages.

Citizens are entitled by law to claim damages they suffer during searches by security forces. That day, the damage claim did not come from an ordinary citizen. The claimant was the sister of none other than Gerry Adams, the bearded leader of Sinn Fein, the political arm of the IRA.

It was biting cold, three degrees Celsius to be precise, as we drove past this house. In marked contrast to the rows of others, the door was still open. Men and women moved around. It seemed the news had reached the neighborhood and people had turned out to express "solidarity."

We went towards a cull de sac and turned our vehicle. Just then a young girl, around 14 years, hurled a stone at the car. It landed with a big thud. The noise was unnerving but Eric drove away calmly. "We were obviously mistaken for someone else," he explained.

The incident underscored the inherent danger that lurks in the streets of Belfast. Just two days earlier, hiding behind one of these buildings, IRA hit men fired an improvised missile at an RUC Land Rover patrol. It narrowly missed it but hit an office building badly damaging its walls. The attackers fled and were never to be found.

Police or Army searches occur during such situations but they seldom lead to uncovering sufficient evidence to arrest or indict the attackers. "That is a difficult task for us," says Superintendent Sam Young of the Royal Ulster Constabulary headquarters. "When we go in, they may be watching TV or attending to other chores. The clothes they wore may be in their washing machines thus erasing any forensic evidence," he points out.

Superintendent Young's statement characterizes the problems faced by Britain's security forces in their counter terrorist war. All their tasks have to be governed rigidly by the rule of law. The need to remain unprovoked at all times is inculcated to them periodically. It was only last week a soldier was put on a charge. His offense? He threw an apple in retaliation against a person who hurled stones at him.

In 1995, Private Leo Clegg, a paratrooper who shot dead a joy rider at a guard point, was charged with murder and was sentenced for life. However, he was released on a warrant after serving four years of his sentence and was permitted to return to his regiment. The move angered both the Catholic community and the Irish Government. It was argued that IRA and Loyalist cadres guilty of firearms offenses (which did not amount to murder) were serving long terms. Since a cease-fire was in force when the release cam, it was pointed out that no reciprocal gesture had been made. Nevertheless the cease-fire held.

I had hardly returned to my hotel after the tour when there was more news of violence. In one of the streets we had driven through, IRA men hurled what the RUC describes as a "Coffee Jar" bomb - an improvised bomb made with empty bottles or jars - at an Army patrol. The men escaped unhurt but the assailants got away.

The same night, Sinn Fein leader, Gerry Adams, complained that when he was stopped at a checkpoint, a soldier had fired a weapon. Within minutes of the complaint, the Army responded. They checked on the ammunition issued to the soldiers and found the number intact. It transpired that at the time the checks were being carried out, a tire from a truck passing by had burst. This caused the explosion that was mistaken for gunfire. The Army avoided what might have been bad publicity the next day. The media was informed that very night of the details. The result - there was only a one paragraph reference in the print media. Television stations did not even refer to the story.

Since 1969, the provisional Irish Republican Army (IRA) has spearheaded campaigns of murder, bombings and violence to force British withdrawal from Northern Ireland. Four years later, the campaign extended to Great Britain. In 1984 a bomb exploded in a Brighten Hotel where members of then Premier, Margaret Thatcher's Government, were staying during the annual Conservative Party Conference. It killed five people. In 1991 an IRA mortar attack was aimed at Prime Minister, John Major's official residence in Downing Street where a Cabinet meeting was under way. The campaign also extended to British military installations in mainland Europe.

It continued until the IRA announced on August 31, 1994, that it would cease all military operations, signaling the start of cease-fire. However, it ended last year, with the resurgence of fresh violence by the IRA. This week, there were increasing signs of violence escalating not only in Belfast but also in London. Fears of IRA bomb attacks on the British Parliament, the Palace of Westminister, forced tighter precautions. As these measures were enforced, in Belfast IRA snipers killed a soldier.

To counter the predominantly Roman Catholic IRA, in the early 1970s, "loyalist" paramilitary groups were formed within the Protestant community. The Ulster Defense Association was created from a merger of various vigilant groups in 1971. Two extremist groups, the Ulster Volunteer Force and the Ulster Freedom Fighters, have murdered Roman Catholics. The threat from "loyalists" was a major one. For instance, in 1993, they murdered 48 civilians while the IRA killed 22 and 14 members of the security forces.

Military officials say over 3000 people have been killed and 36,000 injured since 1969 as a result of terrorist campaigns. They say innocent civilians and nearly a 1,000 members of the Police and the Army have been murdered. Bombs have exploded in crowded places like public houses and shops. Many deaths have been caused by sectarian shootings, frequently carried out in the victims' homes in front of their families. Hundreds of people have been injured by so called punishment shootings in kneecaps and elbows.

With the resurgence of IRA violence, military officials fear strong reprisals from the "loyalists". But newspaper reports in London, however, have discounted the likelihood. They spoke of the Loyalists continuing to honor the cease-fire.

The violence and continuing unrest prompted the British Government in 1972 to take on responsibility for law and order. This was unacceptable to the Northern Ireland Government, which resigned in protest. Since then direct rule continues. The center of power is the imposing Stormont Castle in Belfast which lies in the picturesque backdrop of sprawling acres of green grass surrounded by the woods.

Ten miles away trom Belfast is the headquarters of the armed forces in Northern Ireland. It is here that General Officer Commanding, Lt. Gen. Sir Rupert Smith directs and administers the troops through three brigade headquarters -3 Infantry Brigade at Portadown, 8 Infantry Brigade in Londonderry and 39 Infantry Brigade in Lisbon. Elements of the Royal Air Force and the Royal Navy, under separate commands of respective officers, also come under his purview. Lt. Gen. Sir Smith, a recipient of the Queen's gallantry medal in 1978 for saving a fellow officer from a burning vehicle after an IRA attack, was earlier Commander of the UN bosnia-Herzegovina Command of UNPROFOR in the former Yugoslavia. He succeeded Lt. Gen. Sir Michael Rose, currently the British Army's Adjutant General.

Over the years, troops deployed in Northern Ireland, are familiar with the cry "send for Felix.' The reference is to the MK 8 B Wheelbarrow which can be remotely or cable controlled and is an explosive. Wheelbarrow has its own integrated CCTV system and a robotic "arm". An Ammunition Technical Officer (ATO) with steady hands and a keen eye can today, using Wheelbarrow, examine, attack or deal with a terrorist device in comparative safety.

ATOs have faced devices ranging from small cassette sized incendiaries to huge lorry bombs containing more than 2,000 pounds of explosives. The usual radio call sign from the Corps was "Rickshaw", but this was deemed inappropriate for the bomb disposal teams and gradually the name "Felix", atter the Hollywood cartoon character, stuck - not only because cats have nine lives but also because of his ability on the silver screen to survive all sorts of mayhem.

It was not until 1974 that the first image of "Felix" began to appear when a young Major, then a Staff Sergeant serving as ATO, began doodling on a scrap of paper. A slightly scruffy and surprised "Felix", complete with helmet, emerged. Today pictures and stickers of "Felix" appear wherever ATOs are at work. "Felix" is proudly painted on all the Bomb Disposal Squadron's vehicles and even ranks a place on their official newspaper.

Helping "Felix", the mechanical sniffer, is the canine kind. A separate Army Dog Unit plays a vital role in security operations helped by a variety of breeds - German Sheppard, Rottweiler, Labrador, Golden Retriever, Border Collie and Springer Spaniel. Army officials say their acute senses of smell and hearing prove invaluable in the fight against terrorism.

For over 25 years Belfast has been ruled from Whitehall in London. Last year, the City basked in the ring of confidence brought about by the cease-fire. The hotels and the shops were full. Tourists were coming and investment began to rise. Embattled communities emerged from their trenches and mingled. The gates and patrols were not there. Next to an impressive concert hall, a new Hilton hotel and a mini City were taking shape. Described as Britain's finest, the concert hall on the banks of the River Lagan, has been restored.

One legacy of the cease-fire is still in place. In the City Council with the Ulster Unionist Party holding the majority, Sinn Fein members take their seats, participate in committees and co-operate in decisions. What the breakdown in cease-fire portends has to be seen.

Ken Maginnis, MP and a leading member of the Ulster Unionist Party, is not optimistic. He called for much tougher measures against terrorism including a ban on all publicity to pronouncements by terrorist leaders. But his colleague, Councillor Alban Maginnes of the Social Democratic and Labour Party (a history professor and barrister who speaks knowledgeably about the Bandaranaikes in Sri Lanka), did not agree. "That should not be done," he retorted as we lunched in what was described as one of the ten best restaurants in Belfast.

A unique feature in Belfast is the efficient media relations established by the security forces. The Royal Ulster Constabulary (RUC) which is at the forefront of the counter terrorism campaign (assisted by the Army, Navy and Air Force) has an entire wing assigned to handle media. They work from the RUC Operations Room. Seated before TV monitors and clasping radio communication sets, I saw them busy every minute.

There were calls from the media seeking details of incidents or asking if a particular attack had occurred. Within minutes they respond. And that response keeps the public not only in Northern Ireland, but in Britain and the world over informed of what exactly is going on. For them reports of trebling or quadrupling enemy deaths when their own troops die is not heard of. Nor are imaginary "success" stories and inflicting of "colossal" damages to the enemy.

Hence, the world at large will be able to discern in the days, weeks, months and even years to come, what exactly is going to happen in Northern Ireland now that the cease-fire is over and the IRA is on a confrontation course.

As members of the black coated fraternity go to vote next week in one of the most keenly contested fights for the leadership of the Bar Association, The Sunday Times talks to senior fundamental rights lawyer and former Principal of the Sri Lanka Law College, R. K. W. Goonesekera, on the challenges confronting the legal profession today.

Off-referred to as the doyen of the legal profession, Mr. Goonesekera waxes philosophical when he remarks that, "in times like these, it is well to remember that there have always been times like these."

Following are his comments:

"That the legal profession should defend its independence against overt or covert executive interference is an accepted fact. This is largely because of the financial independence of lawyers.

They have the inherent ability to be independent and this is different of course from an official, for example, who is bound by virtue of his office to hold certain views.

It is naive to expect a lawyer to be an apolitical creature. The important fact is that his political views should not influence his professionalism, or the manner in which he does his work. It is in this context, that certain isolated instances have appeared in recent times where political alignments appear to have affected the capacity of some lawyers to act independently. As I said, these are isolated instances, and it is to be hoped that they will remain isolated.

During the time, for example, there were certain lawyers identified with the government but one could not say that their news prevented them from taking an independent stand on important issues.

Direct political involvement whether in Colombo or in the outstations was probably confined only to a few lawyers.

There have been many instances in the past where the entire legal profession has united against what it saw as threats to the independence of their profession.

One of the most striking instances of this was, of course, was what followed the murder of lawyer Wijedasa Lyanarachchi. The Bar en floc - irrespective of party loyalties - decided to boycott the ceremonial sitting of the new Supreme Courts Complex.

Furtherback, there were the occasions when the then Minister of Justice, Felix Dias Bandaranaike took certain decisions with regard to the legal profession, that were strongly resented.

One such instance was when FDB wanted to take over the Bar Association building because he perceived the Bar Council as being against the then government.

Another particularly interesting example was when the Minister sent out "invitation" for the inauguration of the Supreme Court under the new Constitution. The then Chief Justice Victor Tennekoon penned a letter of protest to the Minister. This so-called inauguration was seen by the legal profession as an attempt by the government to undermine the judiciary, and when senior lawyers like Thiagalingam were bypassed and Ministry Officials given a more prominent place during the ceremony, the Chief Justice himself personally intervened giving Mr. Thiagalingam precedence. This was one instance where the judiciary stood up for the rights of lawyers.

Recently and regrettably, one can see that there have been tensions between the judiciary and the executive as a result of criticism of judges and judicial decisions.

Concern has also been raised over appointments to judicial office. It has been argued that even previously, judicial appointments had been made on the basis of political affiliations. This is time, but what must not be forgotten is that more of these appointments could be faulted due to the wide experience and proven capabilities of such persons as practitioners and jurists. This should be one foremost guiding criteria where the executive makes such appointments and of course such appointments should be in consultation with the Chief Justice.

All these matters have generated some controversy in the past which one can only hope will settle in time without any serious damage being made to the independence of the Bench or Bar.

There are in addition, some more mundane matters besides the independence of the legal profession, that the newly elected Presidents of the Bar Association should address. Legal Education is one such priority. A determined effort should be made to enable law students to have contact with lawyers.

Other important areas of concern such as library facilities provision of reading matter in Sinhala and Tamil and encouraging junior practitioners should also be addressed.

It is somewhat sad that the post of the President of the Bar Association should be so bitterly contested. All kinds of considerations come into play where the note is being cast. In the process, one can see the ability of the Bar Council to discharge its function to the profession and the public become adversely affected.

A much healthier alternative would be if the President is nominated by consensus vote. Given the present situation, however, such a consensus vote would be highly unrealistic. Perhaps, this says much for the factionalism now very apparent in the legal profession.