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Human rights in Sudan

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Politics of Sudan

Arab League Member State of the Arab League

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Sudan's human rights record has been widely condemned. Some human rights organizations have documented a variety of abuses and atrocities carried out by the Sudanese government over the past several years under the rule of Omar al-Bashir. The 2009 Human Rights Report by the United States Department of State noted serious concerns over human rights violations by the government and militia groups.[1] Capital punishment, including crucifixion, is used for many crimes. In September, 2019, the government of Sudan signed an agreement with the UN High Commissioner for Human Rights to open a UN Human Rights Office in Khartoum and field offices in Darfur, Blue Nile, Southern Kordofan and East Sudan.[2] In July 2020, during the 2019–2021 Sudanese transition to democracy, Justice Minister Nasredeen Abdulbari stated that "all the laws violating the human rights in Sudan" were to be scrapped, and for this reason, Parliament passed a series of laws in early July 2020.[3]

Abuses in conflict settings

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Conflicts between the government and rebel groups—the civil war involving north–south tensions, the Darfur conflict involving Arab tribespeople tensions in the Darfur region in the western region of Sudan—have resulted in rape, torture, killings, and massive population displacements (estimated at over 2 million in 2007), earning Sudan a comparison to Rwanda in the press.[citation needed] There have also been several reported cases of crucifixions carried out in Sudan.[citation needed]

According to The Christian Science Monitor, on 25 March 2004:[4]

The Darfur region war boils down to this: African tribes have long been at odds with Arab groups in the region over access to good land. Then, last year, two armed African groups began a rebellion against the Khartoum regime. The government responded by apparently giving military support to Arab militias. There are reports of Sudanese military planes bombing villages, after which Arab militias go in and rape and kill survivors.

Ethnic cleansing in Darfur

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Main article: Darfur genocide

Mukesh Kapila, United Nations (UN) coordinator for Sudan, has described the conflict as a campaign of ethnic cleansing, because Black Arab militias have systematically massacred tribespeople in the Darfur region. According to Kapila, "The government has a close knowledge of what's going on - and it can influence the Arab militia." The UN has estimated that 300,000 civilians in the Darfur region were killed between 2003 and 2010.[5]

Arbitrary detentions

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On April 28, 2022, Human Rights Watch released a report, that documented detention of hundreds of illegal protesters by Sudanese security forces against the backdrop of expressing opinion in an attempt to instill fear in those opposed to military rule. The report revealed the security forces' violent practices against demonstrators of sexual assault and threats of rape. Moreover, the United Nations Human Rights Office in Sudan indicated that more than a thousand people were arrested within a few months, including 148 children.[6]

Slavery

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Main article: Slavery in Sudan

Some organizations, in particular Christian Solidarity Worldwide and related organizations, argue that enslavement exists in Sudan and is encouraged by the Sudanese government. As an example of such allegations, in The Wall Street Journal on 12 December 2001, Michael Rubin said:

...On 4 October, Sudanese Vice President Ali Uthman Taha declared, "The jihad is our way and we will not abandon it and will keep its banner high."

Between 23 and 26 October, Sudanese government troops attacked villages near the southern town of Aweil, killing 93 men and enslaving 85 women and children. Then, on 2 November, the Sudanese military attacked villages near the town of Nyamlell, carrying off another 113 women and children. A Kenyan aid worker was also abducted, and has not been seen since.[citation needed]

What's Sudanese slavery like? One 11-year-old Christian boy told me about his first days in captivity: "I was told to be a Muslim several times, and I refused, which is why they cut off my finger." Twelve-year-old Alokor Ngor Deng was taken as a slave in 1993. She has not seen her mother since the slave raiders sold the two to different masters. Thirteen-year-old Akon was seized by Sudanese military while in her village five years ago. She was gang-raped by six government soldiers, and witnessed seven executions before being sold to a Sudanese Arab.

Many freed slaves bore signs of beatings, burnings and other tortures. More than three-quarters of formerly enslaved women and girls reported rapes.

While nongovernmental organizations argue over how to end slavery, few deny the existence of the practice. Estimates of the number of blacks now enslaved in Sudan vary from tens of thousands to hundreds of thousands (not counting those sold as forced labor in Libya)

On the other hand, fraud in the name of "slave redemption" has been documented before.[7]

Women's rights

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Further information: Gender inequality in Sudan

Sudan is a developing nation that faces many challenges in regard to gender inequality. Freedom House gave Sudan the lowest possible ranking among repressive regimes during 2012. South Sudan received a slightly higher rating but it was also rated as "not free". In the 2013 report of 2012 data, Sudan ranks 171st out of 186 countries on the Human Development Index (HDI). Sudan also is one of very few countries that are not a signatory on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Despite all of this, there have been positive changes in regard to gender equality in Sudan. As of 2012, women embodied 24.1% of the National Assembly of Sudan. Sudanese women account for a larger percentage of the national parliament than many Westernized nations. Notwithstanding that, gender inequalities in Sudan, particularly as they pertain to female genital mutilation and the disparity of women to men in the labor market, have received attention in the international community.[citation needed]

Sudan signed the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) on 30 June 2008, but as of July 2020 has not ratified it yet.[8]

Democratic transition (2019–present)

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The [public order] laws were designed
to intentionally oppress women.
Abolishing them means a step forward
for the revolution in which masses of
women have participated. It's a very
victorious moment for all of us.

– Yosra Fuad (29 November 2019)[9]

When the democratic transition was initiated in 2019 after large-scale protests led by Sudanese women, gradual legal reform has improved the status of women's rights in the country. In late 2019, the Public Order Act was repealed; it was controversial for various reasons, such as Article 152 of the Act, which stipulated that women who wore trousers in public should be lashed 40 times.[10] Other restrictions targeting women that were repealed included the lack of freedom of dress (by the mandatory hijab and other measures), movement, association, work and study. Alleged violations (many of which were considered 'arbitrary' by activists) were punished with arrest, beatings and deprivation of civil rights such as freedom of association and expression.[9] According to Ihsan Fagiri, leader of the No to Oppression Against Women Initiative, around 45,000 women were prosecuted under the Public Order Act in 2016 alone.[10]

In April 2020, the Criminal Code was amended to criminalise female genital mutilation (FGM), which was made punishable by a fine and 3 years imprisonment.[11] In July 2020, the need for women to obtain permission from a male relative to travel, and flogging as a form of punishment, were abolished.[3] Women's rights activists such as 500 Words magazine editor Ola Diab and Redress legal advisor Charlie Loudon hailed the abolition of repressive measures and restrictions on women as 'great first steps'. They emphasised that the new laws needed to be enforced and the repealed laws also abandoned in practice, which would require revision of the internal policies of government agencies such as the police, the military and intelligence services. Several other laws that activists demanded to be removed included the prosecution of rape victims for 'adultery', and of women in mixed-sex settings for 'prostitution',[10] other articles dictating women's dress code, and the disbandment of the public order police and dedicated courts that were part of the 'public order regime'.[9]

Child soldiers

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According to Rory Mungoven, spokesman for the Coalition to Stop the Use of Child Soldiers, Sudan has one of the worst child soldier problems in the world.[12] There are more than 17,000 child soldiers fighting for the governments' side or for rebel forces even after 25,000 former child soldiers had been demobilized from rebel groups in Southern Sudan in 2001. They carry AK-47s and M-16s on the front lines of combat, while serving as human mine detectors, participating in suicide missions, and acting as spies. Many are abducted or recruited by force, and often compelled to follow orders under the threat of death. Others join armed groups out of desperation or after being subjected to lies and brainwash. Many children are promised that they are going to attend school, which are actually military training facilities disguised as school. The facilities, despite being under the direction of the United Nations and international organizations, are where children were brainwashed to become ruthless killers. Improvements in technology have provided weapons which weigh less, cost less, and can be assembled, loaded, and fired by an illiterate child, adding additional appeal to child soldiers.

Abusive treatment of prisoners

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Several hundred adults and children were imprisoned after members of the Justice and Equality Movement attacked Khartoum in May 2008, a disproportionate number from the Darfur region. Human Rights Watch criticised the Sudanese government for refusing to provide any information on their whereabouts. Evidence of widespread torture and abuse was found on released prisoners and was gathered in numerous interviews recorded by Human Rights Watch.[13]

In July 2020, flogging as a form of punishment was abolished.[3]

Persecution of human rights advocates

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In the period from 2003 to 2011, Mudawi Ibrahim Adam was repeatedly arrested for charges which were related to his human rights work with the group Sudan Social Development Organization.[14][15] These arrests were protested by groups including Human Rights Watch,[16] Front Line,[17] and Amnesty International, the latter of whom named him a "prisoner of conscience."[15]

On 5 March 2009, the same day that President Omar al-Bashir was indicted by the ICC, the Sudanese government ordered the closure of SUDO, and its offices were taken over by state security forces.[18] The New York Times reported that the letter closing the offices "came from the Humanitarian Affairs Commission, which is run by Ahmed Haroun, one of the people facing an arrest warrant from the International Criminal Court for mass slaughter in Darfur."[18] The Sudanese government simultaneously expelled "the International Rescue Committee, Oxfam UK, CARE, Mercy Corps and the Dutch section of Doctors Without Borders.[18] Mudawi and SUDO appealed their closure in court, winning the appeal in April 2010.[17][19] However, according to a 2011 SUDO press release, the organization remains effectively closed: "in Sudan you can win a case but nothing changes. SUDO’s offices remained locked, its assets remained frozen, and the organization in Sudan was not allowed to resume operations."[19]

Religious persecution

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Main article: Freedom of religion in Sudan
Further information: Apostasy in Islam § Sudan

Pastors Michael Yat and Peter Yan have been held incommunicado by Sudan's National Intelligence and Security Service (NISS) from 14 December 2014 and 11 January 2015 respectively, on 1 March they were charged with eight offences under the 1991 Penal Code, two of which carry the death sentence.[20][21] Peter Yan was reported to be arrested whilst enquiring into Michael Yat's welfare, and Michael Yat was arrested following evangelistic preaching.[22]

In July 2020, the punishment (execution) for apostasy for Muslims (Article 126 of the Sudanese Penal Code), and the prohibition on alcohol for non-Muslims, were abolished.[3] The United States Commission on International Religious Freedom (USCIRF) applauded the reforms on 15 July 2020, scrapping Sudan from the list of 'countries of particular concern' (where it had been in 2000–2019), but urged Sudanese lawmakers to repeal the blasphemy law (Article 125 of the Sudanese Penal Code) as well.[23]

Historical situation

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The following chart shows Sudan's ratings since 1972 in the Freedom in the World reports, published annually by Freedom House. A rating of 1 is "free"; 7, "not free".[24]1

LGBT rights

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Main article: LGBT rights in Sudan

Lesbian, gay, bisexual, and transgender (LGBT) persons in Sudan face legal challenges not experienced by non-LGBT residents. Both male and female[citation needed] same-sex sexual activity has been illegal in Sudan, with sentences including but not limited to capital punishment. However, in July 2020, the sodomy law that previously punished gay men with up to 100 lashes for the first offence, five years in jail for the second and the death penalty the third time around was abolished, with new legislation reducing the penalty to prison terms ranging from five years to life. Sudanese LGBT+ activists hailed the reform as a 'great first step', but said it was not enough yet, and the end goal should be the decriminalization of gay sexual activity altogether.[25]

International treaties

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Sudan's stances on international human rights treaties are as follows:

See also

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Notes

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1.^ Note that the "Year" signifies the "Year covered". Therefore the information for the year marked 2008 is from the report published in 2009, and so on.
2.^ As of 1 January.
3.^ The 1982 report covers the year 1981 and the first half of 1982, and the following 1984 report covers the second half of 1982 and the whole of 1983. In the interest of simplicity, these two aberrant "year and a half" reports have been split into three-year-long reports through extrapolation.

References

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  1. ^ , 2009 U.S Dept of State Human Rights Report: Sudan
  2. ^ "'Milestone agreement' paves the way for new UN Human Rights Office in Sudan". UN News. 25 September 2019. Retrieved 26 September 2019.
  3. ^ a b c d "Sudan scraps apostasy law and alcohol ban for non-Muslims". BBC News. 12 July 2020. Retrieved 12 July 2020.
  4. ^ McLaughlin, Abraham (25 March 2004). "Toll rises in Sudan's quiet war". The Christian Science Monitor. Retrieved 19 September 2024.
  5. ^ "Fresh clashes in Darfur kill dozens of civilians, UN-African Union mission reports". UN.org. 7 September 2010. Archived from the original on 10 August 2016. Retrieved 10 August 2016.
  6. ^ "Sudan: Hundreds of Protesters Detained, Mistreated". Human Rights Watch. 28 April 2022. Retrieved 28 April 2022.
  7. ^ ""The Reality of Slave Redemption in Sudan", Media Monitors Network, 5 March 2001".
  8. ^ a b African Union website. Retrieved 13 July 2020.
  9. ^ a b c Zeinab Mohammed Salih & Jason Burke (29 November 2019). "Sudan 'on path to democracy' as ex-ruling party is dissolved". The Guardian. Retrieved 17 July 2020.
  10. ^ a b c Kaamil Ahmed (16 July 2020). "'Thank you, our glorious revolution': activists react as Sudan ditches Islamist laws". The Guardian. Retrieved 17 July 2020.
  11. ^ Declan Walsh (30 April 2020). "In a Victory for Women in Sudan, Female Genital Mutilation Is Outlawed". The New York Times. Retrieved 5 May 2020.
  12. ^ "Child soldiers in the firing line". 8 April 2001. Retrieved 19 February 2021.
  13. ^ "Sudan: Account for Civilians Arrested in Khartoum". Human Rights Watch. 17 June 2008. Retrieved 22 June 2008.
  14. ^ "Further information on UA 266/10 (23 December 2010) – Prisoner of conscience/Unfair trial" (PDF). Amnesty International. 27 January 2011. Retrieved 24 April 2011.
  15. ^ a b "UA 47/05 Detention without charge/Fear for safety/Prisoner of conscience/Possible prisoner of conscience". Amnesty International. 24 February 2005. Retrieved 24 April 2011.
  16. ^ "Sudan: Rights Defenders in Darfur Detained". Human Rights Watch. 8 March 2004. Retrieved 24 April 2011.
  17. ^ a b Jim Loughran. "Sudan – Human rights defender Dr Mudawi Ibrahim Adam imprisoned in latest clampdown on human rights defenders and civil society activists". Front Line. Archived from the original on 3 June 2011. Retrieved 24 April 2011.
  18. ^ a b c Nicholas Kristof (5 March 2009). "Sudan closes a domestic aid group". The New York Times. Retrieved 24 April 2011.
  19. ^ a b "MURKY JUSTICE: AFTER RELEASE OF SUDO CHAIR, APPEAL AGAINST CONVICTION MUST BE ALLOWED AND SUDO PERMITTED TO OPERATE NORMALLY". Sudan Social Development Organization. 26 January 2011. Archived from the original on 14 May 2018. Retrieved 24 April 2011.
  20. ^ "Sudan: Release Reverend Yat Michael and Reverend Peter Yen (UA 28/15)". Amnesty International. 9 June 2015. Archived from the original on 24 June 2015. Retrieved 24 June 2015.
  21. ^ "PCUSA issues call to prayer for safety and release of two pastors detained in Sudan". Layman Online, PCUSA. 18 May 2015. Archived from the original on 24 May 2015. Retrieved 24 June 2015.
  22. ^ "Two Sudanese Christians face death penalty". Biblical Recorder website. 21 May 2015. Archived from the original on 26 May 2015. Retrieved 24 June 2015.
  23. ^ "USCIRF Applauds Sudan's Repeal of Apostasy Law through Passage of New Fundamental Rights and Freedoms Act". United States Commission on International Religious Freedom. 15 July 2020. Archived from the original on 16 July 2020. Retrieved 17 July 2020.
  24. ^ Freedom House (2012). "Country ratings and status, FIW 1973-2012" (XLS). Retrieved 22 August 2012.
  25. ^ Ban Barkawi, Rachel Savage (16 July 2020). "'Great first step' as Sudan lifts death penalty and flogging for gay sex". Reuters. Retrieved 17 July 2020.
  26. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 1. Convention on the Prevention and Punishment of the Crime of Genocide. Paris, 9 December 1948". Archived from the original on 20 October 2012. Retrieved 29 August 2012.
  27. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 2. International Convention on the Elimination of All Forms of Racial Discrimination. New York, 7 March 1966". Archived from the original on 11 February 2011. Retrieved 29 August 2012.
  28. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 3. International Covenant on Economic, Social and Cultural Rights. New York, 16 December 1966". Archived from the original on 17 September 2012. Retrieved 29 August 2012.
  29. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 4. International Covenant on Civil and Political Rights. New York, 16 December 1966". Archived from the original on 1 September 2010. Retrieved 29 August 2012.
  30. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 5. Optional Protocol to the International Covenant on Civil and Political Rights. New York, 16 December 1966". Archived from the original on 24 March 2019. Retrieved 29 August 2012.
  31. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 6. Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity. New York, 26 November 1968". Archived from the original on 16 November 2018. Retrieved 29 August 2012.
  32. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 7. International Convention on the Suppression and Punishment of the Crime of Apartheid. New York, 30 November 1973". Archived from the original on 18 July 2012. Retrieved 29 August 2012.
  33. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 8. Convention on the Elimination of All Forms of Discrimination against Women. New York, 18 December 1979". Archived from the original on 23 August 2012. Retrieved 29 August 2012.
  34. ^ African Union website. Retrieved 13 July 2020.
  35. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 9. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. New York, 10 December 1984". Archived from the original on 8 November 2010. Retrieved 29 August 2012.
  36. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11. Convention on the Rights of the Child. New York, 20 November 1989". Archived from the original on 11 February 2014. Retrieved 29 August 2012.
  37. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 12. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. New York, 15 December 1989". Archived from the original on 20 October 2012. Retrieved 29 August 2012.
  38. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 13. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. New York, 18 December 1990". Archived from the original on 25 August 2012. Retrieved 29 August 2012.
  39. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 8b. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. New York, 6 October 1999". Archived from the original on 20 May 2011. Retrieved 29 August 2012.
  40. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11b. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. New York, 25 May 2000". Archived from the original on 25 April 2016. Retrieved 29 August 2012.
  41. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11c. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. New York, 25 May 2000". Archived from the original on 13 December 2013. Retrieved 29 August 2012.
  42. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 15. Convention on the Rights of Persons with Disabilities. New York, 13 December 2006". Archived from the original on 19 August 2012. Retrieved 29 August 2012.
  43. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 15a. Optional Protocol to the Convention on the Rights of Persons with Disabilities. New York, 13 December 2006". Archived from the original on 13 January 2016. Retrieved 29 August 2012.
  44. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 16. International Convention for the Protection of All Persons from Enforced Disappearance. New York, 20 December 2006". Archived from the original on 17 July 2019. Retrieved 29 August 2012.
  45. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 3a. Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. New York, 10 December 2008". Archived from the original on 18 July 2012. Retrieved 29 August 2012.
  46. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11d. Optional Protocol to the Convention on the Rights of the Child on a communications procedure . New York, 19 December 2011. New York, 10 December 2008". Archived from the original on 25 August 2012. Retrieved 29 August 2012.
  • Special report: Sudan in The Economist 15 May 2004
  • Islam's Dark Side - The Orwellian State of Sudan, The Economist, 24 June 1995.
  • Sharia and the IMF: Three Years of Revolution, SUDANOW, September 1992.
  • Final Document of the Synod of the Catholic Diocese of Khartoum, 1991. [noting "oppression and persecution of Christians"]
  • Human Rights Voice, published by the Sudan Human Rights Organization, Volume I, Issue 3, July/August 1992 [detailing forcible closure of churches, expulsion of priests, forced displacement of populations, forced Islamisation and Arabisation, and other repressive measures of the Government].
  • Sudan - A Cry for Peace, published by Pax Christi International, Brussels, Belgium, 1994
  • Sudan - Refugees in their own country: The Forced Relocation of Squatters and Displaced People from Khartoum, in Volume 4, Issue 10, of News from Africa Watch, 10 July 1992.
  • Human Rights Violations in Sudan, by the Sudan Human Rights Organisation, February 1994. [accounts of widespread torture, ethnic cleansing and crucifixion of pastors].
  • Pax Romana statement of Macram Max Gassis, Bishop of El Obeid, to the Fiftieth Session of the UN Commission on Human Rights, Geneva, February 1994 [accounts of widespread destrucution of hundreds of churches, forced conversions of Christians to Islam, concentration camps, genocide of the Nuba people, systematic rape of women, enslavement of children, torture of priests and clerics, burning alive of pastors and catechists, crucifixion and mutilation of priests]

Hiwaar organisation Archived 24 March 2019 at the Wayback Machine

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