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Democracy Continues, Sri Lanka Style... 2005 Presidential Elections - Reports 19 November 2005
I. Summary The 2005 presidential elections in Sri Lanka were a story of great success and great failure. Polling in the districts in the southern, central and western parts of the country can stand as an important achievement for the strengthening of democratic institutions in the country. In the north and east, however, the absence of voting because of the LTTE’s effective disenfranchisement of the population as well as violence aimed at blocking the vote, left the vast majority of those voters outside of the political process. Excepting the North and East, election day in Sri Lanka was perhaps the most peaceful and smooth-running ever. PAFFEL observers found very few acts of violence or other electoral malfeasance – and instead reported that in general the voting process was carried out with dedication and professionalism by election workers, police, political party members, and local election monitors. The PAFFREL observers were very impressed with what they saw, and those from countries where violent, rigged elections are the norm, say they have learned much to bring back home. The North and East was a very different story. In Jaffna and Trincomalee districts in the North, election day was peaceful simply because the streets were empty of people and vehicles, and most stores were closed. Pro-LTTE groups called for a “Mourning Day” to replace Election Day, and sadly, that is what they got: the sinister façade of peace of a closed society rather than the exuberance of the democratic process at work. Very few people voted in Jaffna district and in many other areas of the North. In the East, namely Batticaloa and Ampara districts, there was considerable violence in the days proceeding election day and on election day itself. Seven polling stations and counting centers were targeted by grenades or bombs in Battacaloa district, violence rocked Ampara district, and voters in LTTE areas were physically prevented from going to government areas to cast their votes. Prior to the elections, pro-LTTE social, labor and student organizations in Jaffna called on people to stay at home, all of which was reported in the pro-LTTE Tamil media, sending a clear message to voters. Undoubtedly, many people in the North and East agreed with this assessment. The widespread election-day violence in the East demonstrated the false claim of the LTTE that there was no boycott of the polls. In LTTE controlled areas, buses and ferries sent to collect voters were detained until after the voting, and burning tires and other obstacles blocked the roadways. Bombings at several polling stations did not shut them down, but understandably deterred the voters. The day saw the effective disenfranchisement of a great many voters, mostly but not only Tamils, in the North and East. Prior to the election there was concern among international observers as to whether persons displaced by last year’s devastating tsunami would be able to vote. Voting had long been a problem for persons displaced by the country’s twenty-year civil war. It was evident that in some places, such as Trincomalee, that tsunami victims did not receive their voting cards, and lacking IDs, feared they would not be able to vote. We urge the government to investigate whether those displaced by the tsunami were able to vote, and if not, take all necessary steps to address this issue. A more positive note: one of the primary contributing factors to peaceful elections outside of the North and East was the valuable role played by the police to prevent violence and step in promptly and impartially when violent acts were reported. The police in many areas were proactive in creating an environment in which there would be secure elections. We hope that where serious violence occurred, the authorities will prosecute those cases to the fullest and send a message that election violence will not be tolerated. A couple of technical election issues need to be addressed by the government. PAFFREL observers highlighted two recurring election problems: police inside polling stations carrying firearms, and voting booths in which the voter’s choice could easily be observed by election officials. Both concerns may seem minor, and did not appear to bother Sri Lankan voters. However, both problems infringe directly on the right of persons to cast their vote freely, and without fear of retribution. We urge the government to take the simple steps required to address these concerns. Lastly, we urge the government to address the impartiality of the government media; bias in the private media does not justify bias in the government media. II. Background on PAFFREL International Observers International Election Observers have been part of PAFFREL’s election monitoring efforts since the 1994 elections. For the 2005 presidential elections, PAFFREL deployed 108 observers from thirty-seven countries in Asia, North America, Europe and Africa. Large contingents were here on behalf of the Asian Network for Free and Fair Elections and the Nonviolent Peaceforce. The great majority of observers had election monitoring experience in Sri Lanka or elsewhere. After two days of briefings, the PAFFREL observers were sent, along with interpreters and drivers, to all 22 electoral districts in the country. About forty percent traveled to the North and East. Teams consisted of from three to eight observers. In the districts, teams met with political party leaders and members, local government officials, police, NGOs and religious groups, and many ordinary citizens. They gathered information on reported incidents of election-related violence and other election malfeasance. On election day the international observers traveled to polling stations in key locales in their districts to monitor the voting process. The returned to Colombo on the day after election day and gave a briefing on their findings. III. Election Day Issues PAFFREL’s international observers returned from the districts outside of the North and East praising the conduct of the elections and the assistance they received from election officials. Voting proceeded very peacefully and smoothly, with only isolated acts of violence. This is a major achievement for the people of Sri Lanka. Sadly, it was not the entire story. The worse than poor turnout in the North and East must be attributed to the actions of the Liberation Tigers of Tamil Eelam (LTTE). Statements and acts by the LTTE and pro-LTTE organizations had the effect of telling LTTE supporters not to vote and no doubt many persons agreed with this assessment. At the same time, these actions no doubt intimidated persons in the North and East who wished to cast their vote but were concerned about the consequences. The overall security situation in the North and East, and the situation during the campaign in particular, contributed to what transpired. The Jaffna senior superintendent of police told PAFFREL observers that security in Jaffna had deteriorated since the beginning of the election campaign. He reported that in a ten-day period prior to the election, three police officers, all unarmed, were killed. On November 13, a hand grenade was thrown at the headquarters of the pro-government Eelam People’s Democratic Party (EPDP) in Jaffna town. Because of security concerns, polling stations were clustered throughout the district, reducing the number of polling stations from 370 polling stations to 119, to allow a greater police presence. There was virtual no campaigning by the political parties in Jaffna district and only in very secure areas. The LTTE said it would remain neutral during the elections and opposed a boycott. But the message was conveyed through pro-LTTE organizations and the LTTE-controlled press that Tamils had no interest in this vote. The LTTE’s political head S.P. Thamilchelvan told the media that because of frustration over the ceasefire and the distribution of tsunami aid, “the Presidential election is totally irrelevant to the Tamil people at this juncture.” Several days before the election, the Consortium of Public Organizations, a pro-LTTE group in Jaffna, distributed a notice in several areas of Jaffna stating that November 17, election day, should be observed as a day of morning and advised persons on the Jaffna peninsula to boycott the election.[1] According to PAFFREL observers, this message was conveyed in leaflets, posters in bus stops, on temple walls, at petrol stations and at the entrance of polling stations. One such poster, after stating it was useless to vote for president, stated: “If anyone is campaigning or putting up posters – they should stop immediately. This is not a threat. This is an order. Thank you. People’s Force.”[2] This message was picked up by three pro-LTTE newspapers and run on two successive days, reinforcing the message. A Jaffna University student group issued a similar message. The pro-LTTE Eelanadu newspaper on the day before the election included a report from the “People’s Front” telling polling agents not to appear for election day and if they did not obey this warning, they “would face punishment.” The shooting of an EPDP polling agent administrator three days before the election by unidentified men on a motorbike would have reinforced such fears. Persons have no obligation to vote and organizations may call upon others not to vote -- so long as no threats or intimidation is involved. As a number of eligible voters told PAFFREL in Jaffna district prior to election day, they were not intending to vote because they agreed with the message that voting for president served no useful purpose. At the same time, those who wished to vote were doubtlessly afraid to do so. Because of the LTTE’s history of political violence in the North and East, including in government-controlled areas, and ongoing severe security concerns, it would take very little for voters to be intimidated. A. North In Jaffna district, there was all the machinery for proper voting, but no real voting itself. Voting was near zero in many areas – and total voting was reported to be a meager 1.5%. The people, by their own decision or because of intimidation, were left out of the democratic process. There was some violence on the day before the elections. PAFFREL observers could confirm two grenade attacks on the day before the election, although more were reported. PAFFREL observers in Chavakachcheri heard a grenade blast at 2:30 pm on the road 30 meters from a polling station, injuring one person. There was a grenade attack on the EPDP office at Kopay at 8 pm, no injuries were reported. On election day, there were few people on the streets of Jaffna town, and no public transport. At the St. Johns College three polling stations, only 21 people voted by midday. No polling agents were visible in Jaffna town; only a few polling agents from the New Left Front were reported in some polling stations. Though there were few overt acts of violence, it was clearly lurking below the surface. One bus visible on the streets, a CTB bus plying the Jaffna-Karainagar route, had a broken window from being stoned in Jaffna town. PAFFREL local monitors reported that two women who after casting their ballots at the Balasubramanium school in Annaikottai in Maippay were surrounded by a group of men arriving on motorbikes – the men harassed the women and snatched their handbags containing their valuables. Voting in the rest of Jaffna district ranged from very low to zero. In Pallai East, 3 voters out of 1,431 had voted by noon and very few private vehicles were on the road. No voters were reported at Vaddukoddai. Of 62,022 eligible voters in Chavakachcheri, only 41 people voted. In the Kayts island area, voting was also extremely low. In the special cluster voting stations set up near the demilitarized zones for voters from “uncleared” LTTE-controlled areas, there were virtually no voters whatsoever. This was the case at voting centers in throughout the north. At the Muhamalai cluster station for voters from Kilinochchi, of 89,454 eligible voters, only one cast a ballot. He did so at 2 pm and got interviewed by the BBC! In the “no man’s land” outside Mahamalai in Jaffna district, an obviously staged boycott protest occurred, with about 200 persons burning their polling cards after a group of foreigners showed up. The protest was filmed by the pro-LTTE Tamil National Television, in the presence of Tamil National Alliance MP Elevanthan, who expressed happiness at the boycott’s success, and a media officer of the political wing of the LTTE. In Mannar district, there were cluster stations with no voters, some with less than ten. But even in the government areas, the turnout was very low. PAFFREL team members found that the road from LTTE-controlled areas towards Madhu junction, about four kilometers inside the LTTE-controlled area, was blocked by burning tires and small groups of people lingering about – at the Madhu cluster polling station, turnout was negligible. A few areas had somewhat greater turnout. In Vanni district, while a number of people told PAFFREL that they did not intend to vote, the turnout varied from relatively low to high. There was also a good turnout from displaced persons stations. But at the cluster polling stations for voters from uncleared areas in Omantai, north of Vavuniya town, by 10 am only 100 persons voted out of the 50,000 registered. No one came across. B. East In Batticaloa and Ampara districts, a greater turnout at the polls was accompanied by considerably more violence. Unknown perpetrators committed seven grenade or bomb attacks in government areas. In LTTE-controlled areas, the LTTE kept buses and ferries from returning with voters, and blocked roadways until after the voting. There were nonetheless many determined voters from among those living in government areas. The violence in the East suggests that those responsible recognized that the people in these areas intended to vote – and that violence was needed to deter them from doing so. Election day tensions were greatly heightened by violent incidents in Batticaloa and Ampara districts in the days proceeding the elections. The bodies of two alleged LTTE rebels were found dumped in paddy fields by the Ampara road near Akkaraipattu, Ampara district on November 15. A firebomb was thrown at a house of a UNP supporter in Oddamavadi, near Valaichchenai on the night of November 15. On November 16, two bodies were found in Navalady, near Valaichchenai, Batticaloa. Also on November 16, grenades were thrown at a bakery in Akkaraipattu, Ampara district and at 6:30 am at the office in Batticaloa town of the Tamil Rehabilition Organization, a relief agency connected to the LTTE – no casualties were reported. According to the Batticaloa Senior Superintendent of Police, another grenade blast in Batticaloa town injured three soldiers. An additional two firebombs were allegedly thrown at the homes of UNP supporters. On election day there were seven bomb or grenade attacks in Battacaloa district – six near polling stations and one at a counting station. In Kalawanchikidi, a grenade exploded at an empty military checkpoint at 8:50 am. An explosive went off at Valaichchenai Hindu college, at 9:40 am. A bomb thrown at the gate of the Hindu college counting center at around 11:45 am injured one man seriously. In Eravur at 12:30 pm there was a blast at Chenkaladi cluster polling station, injuring seven persons, one seriously. A second bomb went off at Valaichchenai Hindu college, at 12:50 pm, causing one minor injury. A third explosion was also reported at Valaichchenai. And in Kiran at 2:30 pm there was a blast on the road 100 meters from the cluster polling station, no injuries. Incredibly, all of these polling stations were later reopened, but no one came to vote.[3] In Kalmunai, two suspected LTTE members were killed and seven others wounded when a bombed exploded in their home; media reports suggest the bomb went off prematurely. In government areas, polling varied from very low to high. At one polling station near Batticaloa, the only voters were the election officers themselves. Voting at the cluster polling stations was near zero. One couple living in an LTTE controlled area who actually voted said that they got through the LTTE checkpoint by concocting a story unrelated to the elections so they could cross into the government side. In Batticaloa district, the LTTE actively prevented voters from LTTE-areas to cast their ballots. Buses sent by the government into LTTE areas were prevented from returning with voters. At Vavunativu, PAFFREL observers witnessed two roadblocks – barricades of burning tires and wood across the access roads to the Vavunativu cluster stations. Uniformed LTTE cadres were present at the Ayittiyanalai entry point. At the Karaveti-Vavunativa road checkpoint, which was manned by 20-30 villagers, an LTTE official said that the buses had been stopped seven kilometers behind the crossing point and they would not be allowed to return to government controlled areas until 4 p.m., when the polls closed. Election workers from LTTE-controlled areas were also prevented from traveling to polling stations on the government side. At the Black Bridge near Chenkalady, PAFFREL observers spotted black smoke from inside the LTTE-controlled area, indicating a road block from which buses had to turn back. The crossing point was also paralyzed. The ferry from Ollikulam that brings persons from LTTE areas to the government side was detained by the LTTE when it went to pick up passengers in the morning, and it was being held until 4 p.m., when it was being sent back empty. The bridge from Kiran to Karunkaliyadi was likewise blocked until the election was over. The violence in the East did not stop on election day. On November 18, a grenade was thrown at the mosque during morning prayers in Akkaraipattu, killing four persons and wounding about 25 others. IV. Pre-Election Period The majority of PAFFREL observers outside of the North and East reported few or no serious election-related violence or electoral violations during the last few days before the election. For instance, in Chilaw, Puttalam district, both the UNP and the UPFA reported a very peaceful environment in the area; a senior police official there said there had been “unprecedented peace and calm so far,” which he attributed to an improved strategy to curb election violations and violence. In Weligama, Matara district, government officials reported that the pre-election period had been calmer than previous years and the government was doing a better job following up violations. Incidents did occur nonetheless. The police appeared to have reacted promptly and decisively against persons implicated in acts of violence. The police must fully investigate these cases and ensure that those responsible for prosecuted to the fullest extent of the law. It is important that the conclusion of the elections does not mean that serious crimes will be dropped; those implicated must be appropriately and fairly prosecuted. This is the best way to ensure that similar acts are not repeated in future elections. Among the cases reported by reported by PAFFREL international observers were the following:
V. Campaign Violence The focus of the PAFFREL international observers was on election day and the days immediately proceeding the voting. Nonetheless, developments during the full campaign period have an obvious impact on security on election day and whether the political environment is conducive to free and fair elections. The independent Centre for Monitoring Election Violence (CMEV) reported that in the period following the close of nominations on October 7, 2005, there were 87 major incidents of election related violence, of which 44 were incidents of assault. The highest number of major incidents were reported in the districts of Puttalam, Colombo, Galle, Gampaha, and Badulla. Fifteen of these incidents involved firearms.[4] In general the police responded very promptly and impartially to these incidents. Among the most serious acts of possible election-related violence reported by the media and non-governmental organizations:
Three members of the Tamil political party Eelam People’s Democratic Party (EPDP) were murdered during the campaign period under circumstances that suggest the involvement of the LTTE. The ongoing attacks against EPDP members and other members of Tamil political parties and organizations that do not accept the LTTE as the “sole voice” of Sri Lankan Tamils in the past year suggest that these killings were not directly election-related. Nonetheless, such attacks, particularly during the campaign period when tensions are at their highest, has a chilling effect on members of the Tamil population who wish to exercise their civil and political rights to free expression, assembly and the right to vote.
VI. State-Controlled Media Taken altogether, the media in Sri Lanka presents lively and diverse views from across the political spectrum. The UNP opposition, for instance, receives considerable favorable coverage in the privately owned media. Nonetheless, the government continues to maintain considerable ownership of the broadcast media – television and radio – the primary source of news for most Sri Lankans. Sri Lankan law requires the government-owned media to present balanced reporting of the political parties in its news coverage. While technically this may be achieved – coverage of campaign rallies and other strictly electoral events of the major parties is fairly covered – the government broadcast media appears to be heavily biased in its news coverage by its focus on the ruling PA. Several Sri Lankan political analysts told PAFFREL that the bias of the private media was “balanced” by the bias of the government media. That is unacceptable: government media, the voice of all the people, must adhere to higher standards than those of the private sector. VII. Role of Police One of the primary contributing factors to peaceful elections outside of the North and East was the valuable role played by the police to prevent violence and step in promptly and impartially when violent acts were reported. The police in many areas were proactive in creating an environment in which there would be secure elections. Exceptionally, in Mahiyangana, Badulla district, a UPFA campaign officer complained that during the election campaign the police treated them unfairly, including confiscating leaflets intended for campaign rallies. On election day in Sammanthurai, Ampara district, PAFFREL observers witnessed five young men on bicycles handing out what appeared to be polling cards outside a polling station. When the police were alerted, they merely chased the young men from the scene and did not stop or question them. On the whole, PAFFREL observers were very impressed with the role played by the police. In Anuradhapura district, the police held a number of meetings with communities throughout the area in an effort to secure their cooperation in dealing with election related incidents. For instance, the Talawa police have a registry of telephone numbers of local community leaders, representatives and members who they can call on to respond to local incidents. This practice was repeated in many other areas. On the day before the elections, outside of Monaragala town, police were seen early in the morning removing illegal spray painted messages on the road. In Kurunegala district on election day, the police reinforced their presence in places were there had previously been problems.
Situation Report on Presidential Election Day, 19 November 2005 1. Introduction 1.1. This report contains our review of the situation that existed on the day of the Presidential poll on 17.11.2005. The Presidential Election campaign that was started with the handing over of nominations on 7th October 2005 ended with the election of a new President on 17th November 2005. Every incident that was reported through the network of information collection which included (a) PAFFREL District and Divisional Coordinators, (b) PAFFREL Mobile and Stationary Observers (c) Other civil organizations (d) Media (e) groups of persons etc., was subjected to scrutiny at least by two institutional structures to ascertain its correctness. The two such structures were (a) relevant police officers or staff of the Department of Elections and (b) PAFFREL observers and coordinators. 1.2. A strong organizational structure that was proved competent when experimented at past elections was mobilized to monitor the activities of this election. A rough idea of its capacity could be got from the following statistical data. · 19,623 stationary polls observers ie. observers stationed inside polling stations. · Observation by stationary observers majority of the 10,486 polling stations set up throughout the country. · Assigning of 400 mobile observation vehicles with 2,000 mobile observers. · 5220 polling stations were subjected to observation by mobile observers. · In addition an other 300 civil organizations · Divisional coordinators and 160 offices · District Coordinators and 22 offices · 110 foreign observers · A unit to gather media information · A centre to coordinate international observers · An internet web site · A SMS systems to enable the sending of short messages · The chief operations centre based at the head office etc. 1.3. We found that we could arrive at a very important conclusion by analyzing the information that was confirmed through this organizational network. It was that in the recent history this presidential election was the best such election that was held without any violent acts, or serious electoral malpractices excepting in the North-East. Compared with the situations at the post elections the pre-election campaign was the one with the lowest number of conflicts and election mal-practices. In statistical terms following comparison could be made. Pre-poll period :- Parliamentary General Election 2001 – 562 pre-poll violent acts Parliamentary General Election 2004 – 295 pre-poll violent acts Presidential Election 2005 – 172 violent acts 1.4. As mentioned above, we have a history of elections where on the day of polling a large number of violent incidents had taken place. The number of incidents that occurred in the day of the poll on 17/11/2005 was very much less than in previous polls. It can be depicted thus: Incidents on the day of the poll:- General Election 2001 – 421 Violent Acts/Corrupt practices General Election 2004 – 100 Violent Acts/Corrupt practices Presidential Election 2005 – 44 Violent Acts/Corrupt practices PAFFREL organization sees this gradual reduction election violence as a sign of political maturity in society. 1.5. There are several social institutions which contributed to the development of this situation. Among them are the Department of Election headed by the Commissioner of Elections, Police Department headed by the Inspector-General of Police, and the services rendered by the Police Commission. We appreciate the services rendered by these institutions. The contribution by the voters and the political parties too have become helpful in achieving this promising situation. 1.6. However with all these promising signs we should not forget some of the incidents that took place on the day of the poll. Especially the lack of voter participation in many parts of North-East the prevalence of violence and intimidation have marred this election to certain extent. A report containing some examples of the types of violence that occurred here is attached as Annex I. 2. Situation in the North 2.1. Owing to the position taken by the LTTE regarding this Presidential election a large section of voters living in LTTE controlled areas could not exercise their franchise. LTTE had initially stated that the Tamil Community had no special reason to take any interest in this election, but if any voters want to exercise their vote they could do so. At the same time it was reported that organizations which are pro-LTTE had asked the people not to caste their votes. When doubts arose within the society as regard LTTE’s attitude once again they expressed that the Tamil people cannot be having any need to show at interest in this election. 2.2. If the situation on the polling day in the Northern province is summarized it will be appeared as follows: Jaffna District · A hand grenade exploded at St. Joseph junction at Chavakachcheri on the night of 16/11/2005. No one was injured. · In Kopai electorate only 19 persons had cast their votes by 12 noon on 17/11/2005. · In Chavakachcheri electorate only 18 persons had cast their vote by 12.30 p.m. on 17/11/2005. · In Muhamalai cluster polling station there were 103 polling booths. In Kilinochchi cluster polling station there were 95 booths. At Point-Pedro there were 8 polling stations. In all these places only 1 vote had been cast. · In Muhamalai area near the LTTE check point about 200 civilians set fire to polling cards in order to express their objections. A member of Parliament belonging to TNA was also associated with incident. · A bus which was running on Jaffna-Karainagar road on election duty was attacked by civilians with stones. The bus was severely damaged. 3. The situation in the Eastern Province The tactics of preventing the voters from reaching polling stations were in operation throughout the day in the Eastern Province. Especially all the approach roads from uncleared areas to the government controlled areas were kept closed. Tyres had been burnt on Padirippu and Vavunathivu bridges to prevent the running of vehicles thus creating a situation of intimidation. An announcement made by Karuna faction in the Eastern Province had ordered the casting of votes for only a particular candidate. The situation was that prevalent in the Eastern Province could be seen also as one facet of the conflict between Karuna faction and the LTTE. Accordingly the observations made by us can be summarized as follows:
Situation in Digamadulla District
The Situation in Trincomalee District · Although a hand grenade had been exploded at Abhayapura junction in Trincomalee. No damage to person reported. · A person was killed by shooting around 3.15 p.m. at Chelvanagampura alias sumedha gama in Uduppili police area. In this manner it is observed that several acts of violating the peace in the eastern area had taken placed. A matter that needs attention is the fact that no such acts of violating peace had been reported on the polling day from Jaffna or other Districts in the North. However, considering these two Provinces the regrettable situation noticed was the undermining of democratic process and institutions. The situation in other Province PAFFREL notices that compared to the situation in the above provinces the polling in other provinces was conducted in a more peaceful and praise worthy manner. However even in these areas certain violations of election laws have been reported. However, we believe that such incidents have not affected the overall result of the presidential poll. Following are examples of such Districts which experienced the highest number of such incidents. The situation in Mahanuwara District · UNP supporters have been subjected to intimidation in Watapuluwa area in Udunuwara polling division. · UPFA supports have tried at impersonations at Uda Peradeniya area. · UPFA activists have obstructed the voting by UNP supporters at Inguru oya Junior School in Nawalapitiya polling area. · A Grama Niladhari in Teldeniya area was arrested on 17/11/2005 morning for trying to display posters in support of a candidate. · A number of Rambukpitiya Pradeshiya Sabha had assaulted and chased away certain voters who came to caste there votes at Rambukpitiya Vidyalaya, Nawalapitiya. The situation in Anuradhapura District
The situation in Matara District
The situation in Polonnaruwa District
The situation in Kurunegala District
One fact that emerges from the above description about some selected Districts, is that although it is true that on the whole there was a free and fair election, there were minor cases of violating the election laws. Although not specifically mentioned here, there were reports of similar incidents from various localities of other Districts as well. Among such incidents, matters like transporting voters, treating them and the distribution of leaflets with symbols etc. take a leading place. However, it appears that we have to march a further mile in order to create a democratic society where even these types of incidents could be avoided. Therefore, looking at the whole process of this Presidential election, PAFFREL believes that comparatively this is the most peaceful election that the people of Sri Lanka experienced in recent times.
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