ACC investigating second Supreme Court Justice

The Anti-Corruption Commission (ACC) is investigating allegations that over Rf50,000 (US$3,200) of state funds was spent on plane tickets for Supreme Court Justice Ali Hameed’s official visit to China in December last year.

Haveeru reported that according to the person who filed the complaint, Hameed also visited Sri Lanka and Malaysia both before and after his trip to China to attend a conference by the International Council of Jurists.

While there are currently flights between Male’ and Beijing, a return ticket costs Rf16,686 (US$1,080).

Last week, a similar complaint was lodged at the ACC alleging that Supreme Court Justice Abdulla Saeed visited his native Addu City on an official visit during a four-day government holiday for Eid.

The Supreme Court meanwhile informed Haveeru that the Finance Ministry approved expenses for the trip after the Supreme Court Justice was invited to participate in the conference.

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Women leading youth brain drain due to “stifling environment”

“There is a lot of brain drain here, that’s part of why I came back. I didn’t want to be a brain drainer. I wanted to fix it.”

Halifa* is a 25 year-old Maldivian woman, educated and living abroad, who returned to work in the Maldives for a one year contract in a highly specialised professional field.

For many young people, Halifa says, Maldivian culture is an obstacle to growth and employment.

“Many youth wish they weren’t even Maldivian, they don’t know why they had to get stuck here,” she says. “When I talk to one of my friends, she says she wants to get out and come back when it’s better. That attitude is actually quite common.”

The Maldives has an unemployment rate of 32 percent, with women accounting for 24 percent overall. Young people comprise 40 percent of the population of the capital Male’. Of these youth, few females hold diplomas and many are unemployed.

“Lots of girls quit school to get married, and before long they’re having kids and trying to raise a family aged 19 or 20,” Halifa says.

For those who do look for jobs, the options are few.

“Most bosses hire for looks,” says Halifa. “Girls are often hit on by bosses, and some give in. Maybe they think they can handle it if it will improve their CV. But after the relationship, most girls leave the job and maybe take up the burqa. The experience may be so bad that they won’t look for another job.”

Growing religious fundamentalism is causing ripples of concern over female employment – although the Constitution allows for equal rights, few stand up for them. Instead, women increasingly accept a “culture of timidity and submissiveness,” in the words of another Maldivian woman, who is pursuing her doctorate.

It is a significant time for the strengthening of Maldivian democracy following the introduction of multi-party elections and many new freedoms. But it seems that women are both dissuaded from and reluctant to participate in the job sector. Frustrated by social, political and religious obstacles, youth are looking to apply themselves elsewhere. Is the Maldives facing a female brain drain?

“The ultimate goal is to raise an educated housewife”

A 2007 UNICEF report found that girls were almost 10 percent more likely to pass from primary to secondary schooling than boys, and repeated primary school less often. But sources say fewer girls are fulfilling their potential.

A government official who spoke to Minivan News said that many women lose their motivation to pursue higher education at grade 11, choosing marriage instead. The official said things are changing, but opportunities remain scarce for both genders.

“I think what women lack really is higher education, and men as well. If we want to move ahead, we need to focus on providing higher education,” she says.

Cost and accessibility contribute to the low achievement rates. Higher education is expensive by Maldivian standards, and the wait for scholarships is demoralising, says Halifa. Students who study abroad are often from wealthy families, and therefore not selected for their intelligence or ambition.

Halifa adds that Maldivian culture does not justify the effort of getting a degree: “Education is valuable in the Maldives, everyone wants their kids to have degrees. But then what do they do? They still expect them to be at home.”

According to an Asian Development Bank (ADB) report dated 2007, Maldivian cultural standards make it difficult for girls to pursue professional degrees.

“Cultural expectations regarding young women living away from home impact upon the numbers of female students studying abroad and hence female attainment of tertiary qualifications. From 1995 to 2000 a total of 876 students were awarded government scholarships to study abroad, 42% of which went to girls. From 2001 to 2005, 39% of undergraduate scholarships went to girls, 38% of post-graduate scholarships and 22% of doctorate scholarships.”

The Maldivian parliament has 77 members, only five of whom are female. MP for the ruling Maldivian Democratic Party (MDP), Eva Abdulla, said the lack of higher education affects a woman’s chances in the job sector.

“It is difficult for women to get the education necessary to compete with men of the same age for the same job. Statistics show that women are receiving less education than men after tenth grade, whereas up until secondary school they are on par.”

Abdul said the pressure to stay home and become a mother was significant. She also acknowledged that a woman’s path to employment is unclear.

“Equality in the work force and equal opportunities for women won’t happen naturally if we just improve education. We need to make some real changes to show an improvement in the ratio of men to women in the work force,” she said.

In some cases, however, employers see education as a threat instead of an asset. Halifa’s boss allegedly told her she was lucky to be hired with a degree. Since the boss only held a diploma, she preferred hiring employees whose qualifications did not jeopardise her own.

“Cover up and wear the burqa”

Halifa says her boss made unflattering assumptions about her personal life since she was over 20 and unmarried.

“I was guilty before I even knew I was being judged,” she says.

There is “not one single resource” for women who feel they are receiving unfair treatment at work, said Abdulla. “I don’t know if we have even made it comfortable for women to talk to each other here.”

Halifa adds that complaints of sexual harassment only provoke criticism of her religious practice: “They just tell me to cover up more and wear the burqa,” she says.

Although Maldivian law and society allow for equal rights between genders, speaking out is considered brash and unfeminine, and the cultural mindset of wearing the burqa means more girls are being married young without finishing their education. One woman called this shift in behavior “brain wastage: a deliberate refusal to apply the brains that one has – and this is the biggest problem that Maldivian women face today.”

Behind the pack

“Gender equality is an area in which the Maldives is lagging behind most countries in achieving the Millennium Development Goals (MDGs),” UNDP advisor Ferdinand von Habsburg-Lothringen observed at the Democracy Day ceremony earlier this month. “Democracy is dependent on not just 50 percent of the people. With only half of the eligible work force participating, growth will not flourish in the Maldives.”

According to Abdulla, women want to work but cannot find the domestic support necessary for them to work outside the home.

“I have not met many who say they would rather stay home,” she said. “But the pressure of managing a career and a home is serious. Women have two jobs: one paid, one unpaid.”

The stress on women is detrimental to economic growth.

ADB reports that almost half of Maldivian households are headed by women, while less than four percent of men contribute to household tasks. Approximately 25 percent of women-headed households depend on income from a husband who works away from home, and one sixth are run by widows or divorcees.

“Divorced women and their children are particularly economically vulnerable and [have] limited choices to improve their situation apart from remarrying: Maldivian women have on average four marriages by the time they reach 50 years of age,” states the report.

In 2007, ADB found that female-headed households accounted for 47 percent of the population, one of the highest rates worldwide. Only 21 percent of these households were economically active.

A government official familiar with the issue said “the middle market is the primary area of employment for women”, with few women advancing to the top. She added that she is often the only woman at a business meeting.

Most sources agreed that the recent rise in religious fundamentalism could have a long-term effect on women’s employment prospects.

In 2009, opposition Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam introduced the Soft Loans Provision for Women to enable women to borrow small amounts of money and set up small businesses from home. She said the bill would particularly benefit island women who have fewer employment options.

The bill was stopped when it reached the Islamic Ministry, which declared interest haram.

“This is ridiculous, because our banks operate with interest,” Adam said. “But when interest involves women the Ministry calls it haram. And it’s only a tiny amount of interest, about six percent maximum.”

Adam said the loans provided by the bill would range from Rf5,000 to Rf300,000.

“Unless we do something about the growing religious fundamentalism in the Maldives, women will only stay at home and breed children in the coming years. That is not constructive for a growing country and economy. It would be a major economic setback,” said Adam.

“We are a country in transition so what happens during this time defines what happens next.”

Women face many challenges to employment: complicated social expectations, unclear motives for education, an increasingly strict Islamic code, and scrutinising work environments. If current social trends continue, there will be little room and few incentives for the next generation to contribute to the country’s growth.

“Educated Maldivians find themselves intellectually stifled in the current climate, especially with the astonishing gains that ultra-religious conservatives have made in Maldivian society in the last decade,” observed one source.

At this year’s 55th session of the Commission on the Status of Women, Abdulla said gender stereotyping and violence “threaten[ed] to erode our gains and erect obstacles to future progress.” She warned that unless key institutions such as Parliament include more women in their decision-making processes, “policies will continue to lack the multifaceted approaches required to address the complex social, political and economic needs of our country.”

Recent initiatives such as the Domestic Violence Bill and the National University Act are positive steps. But Abdulla said evidence suggests more families are removing girls from education systems and keeping them in the domestic circuit. “We believe that religious extremism that shapes negative attitudes towards women and girls forms the genesis of this devolution towards female education and empowerment,” Abdulla said at the session.

One woman warned that if religious and social trends continue, “in ten years women would be lucky to leave the house, let alone the country.”

Although most sources agreed that religious fundamentalism challenges the thinking, working woman, some say it is not actively preventing women from going to work or improving their lot.

Halifa is optimistic about her generation, but said success depends on key changes. “I think when our generation is in charge they will be people who have gotten out, who have seen other cultures, who are more familiar with the power of women. The religious guys are still an issue for development,” she says.

One government source added that compared to Mexicans, Maldivians do not have a strong urge to cross a border.

Adam cautioned that the Maldives should be aware of the outside world’s appeal to youth. “If we can’t offer challenging jobs and salaries that are competitive with what other countries are offering, we have a hard time keeping our educated youth involved at home,” she said.

Abdulla says she believes that there would be significant opportunities for youth in the government and private sectors in the next five years, but felt that more needed to be done to improve the working environment.

“Equality in the work force and equal opportunities for women won’t happen naturally if we just improve education,” she said. “We need to make some real changes to show an improvement in the ratio of men to women in the work force.”

*Name changed according to request

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Woman sentenced to one year for possession of 90 bottles of alcohol

The Criminal Court has sentenced a woman to one year in prison after she was arrested in 2009 with 90 bottles of vodka. Alcohol is banned on inhabited islands in the Maldives.

The court identified the woman as Niuma Abdulhannan of Maamigili in South Ari Atoll.

On May 12 in 2009, police were informed that illegal narcotics were being traded inside the Kerinlight house in the Maafannu ward of Male’. Police attended the house and searched the room in which Niuma was living, the Criminal Court said.

The Criminal Court said that during the search, police discovered 90 bottles of vodka hidden in different places around the room.

The court said that the bottles were confiscated and tested positive for alcohol. Niuma was not able to convince the court that the alcohol bottles were legally imported and possessed according to the Trade Ministry’s regulations on importing alcohol.

The Criminal Court said the judge found her guilty of importing an item on the list of contraband. As it was the first time she was found guilty of such a crime, she was sentenced to one year imprisonment.

Alcohol is not mentioned in the current Drug Act, and the only Act that currently prohibits alcohol is the Import-Export Act.

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Lack of skills main impediment for youth employment, says President

A number of young Maldivians are “left out” and unable to become productive members of society because they lack skills for employment, President Mohamed Nasheed has said.

According to the President’s Office, Nasheed made the remarks in Haa Alif Hoarafushi last night while addressing participants of the government’s ‘Hunaru’ (skills) training programme in the island.

President Nasheed unveiled the Rf360 million (US$23 million) national training programme on Independence Day, July 26, with an ambitious target of leading 8,500 youth to skilled employment in a variety of fields.

The government hoped that participants of the programme in Hoarafushi would find jobs upon completion of the courses in three to six months, Nasheed said last night.

The President urged participants to attend the course without fail and expressed satisfaction with the number of female participants in the programme.

Speaking at the inauguration of the first training course under the ‘Hunaru’ programme on Saturday – conducted by the Centre for Career and Technical Education (CCTE) to train 100 youth in heavy load vehicle operations – Nasheed asserted that the main impediment to national development was limited job opportunities for young people.

Nasheed observed that there were 12,000 expatriate workers with simple skills – including 645 forklift drivers – earning between Rf9,000 (US$580) and Rf10,000 (US$640) a month while 30 percent of working age youth could not find jobs.

The ‘Hunaru’ programme would provide instruction in 57 different kind of skills, said Nasheed, while training a single participant would cost between Rf10,000 and Rf15,000 as a course fee.

In addition, each participant is to be given a monthly allowance of Rf2,000 for the duration of their courses.

“The government is covering these expenses with a lot of expectation and hope,” he said. “The Maldives could only change when the youth and people in the workforce learn a skill and start working to change the country, to develop the country.”

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Civil Court issues injunction against releasing funds for MPs’ committee allowance

The Civil Court last night issued a temporary injunction ordering the Finance Ministry not to release funds to parliament for MPs’ committee allowance until the court rules on a case filed on behalf of a civil servant, contending that the allowance could not be given before deducted amounts from civil servants salaries were paid back.

A group of concerned citizens protesting the committee allowance filed the case on behalf of Maah Jabeen, Seenu Maradhoo Fenzeemaage, arguing that releasing funds for committee allowance without reimbursing civil servants violated constitutional provisions on fairness and equal treatment.

The committee allowance was approved on December 29, 2010 while wage cuts were enforced in October 2009.

In January 2010, the Civil Service Commission’s (CSC) decided to reverse the pay cuts, sparking an ongoing legal dispute between the commission and the Finance Ministry.

At the height of the dispute last year, permanent secretaries of line ministries were ordered to submit different wage sheets by the commission and the ministry.

Speaking to Minivan News after Judge Hathif Hilmy granted the injunction last night, lawyer Mohamed Shafaz explained that the case was based on article 43 of the constitution, which states that everyone has the right to fair and just administrative action, “by which we take to mean that constitutional provisions in articles 17 and 20 relating to equality and non-discrimination would be infringed of a civil servant if the Ministry of Finance chooses to release the funds for committee allowance to the People’s Majlis before the deducted amounts from the salaries of civil servants is paid to them.”

“Our argument was based on the principle of judicial review,” he continued. “For judicial review to be used in a case in the Maldives is relatively rare and this is I would say a novel case. Our idea is that anyone vested with legal powers must act within the limits of the constitution.”

Delivering the ruling on the request for a temporary injunction, the judge said that releasing the funds before the court issues a final judgment on the case “could cause irreversible damage to the plaintiff” and ordered the Finance Ministry not to take any action that could “defeat the purpose of the claim.”

While the state attorney insisted that neither the Finance Ministry nor the President’s Office has made a decision on releasing the funds, the claimants submitted video footage of President Mohamed Nasheed telling protestors that the executive could not overrule parliament’s decision without threatening separation of powers.

In April 2010, the Civil Court ruled that Finance Ministry did not have the legal authority to overrule the CSC. Although the government contested the ruling and refused to restore salaries to previous levels, the High Court upheld the lower court ruling in May this year.

The state attorney also argued that the case should not have been accepted by the Civil Court as the government has appealed the High Court verdict at the Supreme Court. The judge however ruled last night that the state could not produce documentation proving that the Supreme Court has decided to hear the appeal.

Attorney General Abdulla Muiz confirmed today that the AG office has appealed last night’s lower court decision at the High Court.

Shafaz meanwhile observed that “the ruling [yesterday] affirms that the court recognises that there is an issue here that needs to be rectified or subject to the system of justice.”

“It is also significant because by granting the temporary injunction the court has accepted and taken on an active role for implementing judicial review in the Maldives,” he said. “So this opens up the possibility for each and every action of the executive branch of the government, or the parliament or any other part of the state, to be challenged in the courts.”

Yesterday’s temporary injunction was also significant because “it was based on infringement of the rights of an individual,” Shafaz continued, adding that it was “a case where the act of a minister of the executive could infringe upon the rights of an individual.”

The favoured outcome for the group of concerned citizens would meanwhile be “for the court to recognise that giving parliamentarians their committee allowance before the deducted salary is given would be an infringement of the rights of a civil servant, or civil servants, under the constitution.”

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Maldives speaks in favour of Palestinian statehood at UN Human Rights Council, General Assembly

Maldives Ambassador to the UN Human Rights Council in Geneva, Iruthisham Adam, has urged all states to support Palestine’s right to self-determination and self-government.

Speaking during a Council debate on human rights in Palestine, Adam said the Palestinian bid should be viewed in light of the US’s own declaration of independence, citing its drafter Thomas Jefferson.

“We surely cannot deny to any nation that right where on our own is founded – that every one may govern itself according to whatever form it pleases and change those forms at its own will,” Adam said.

“These words are as relevant today, as we survey Palestine’s brave push for independence and statehood at the United Nations, as they were in the 18th Century,” she told the Council.

“The Maldives and hundreds of other countries support the right of the Palestinian people to self-determination. We do not do so because we are against Israel – the Maldives is and always will be a strong supporter of a two-State solution. We do so, rather, because it is right and it is just.

“If we value and enjoy our right to self-determination in the Maldives and elsewhere, if we applaud its assertion across the Islamic world, then why should we deny it to the people of Palestine? People who have been waiting for dignity, freedom and independence for 6o long years?”

Palestinian statehood would not diminish the chances of a negotiated peace, Adam argued, but would rather enhance them by resolving the unequal power relationship between the two countries.

“In our opinion,undermined the negotiation process – a relationship between the occupied and the occupier. How can a fair and lasting peace be forged under such conditions? The short answer is: it cannot. Far better then for negotiations to take place between two States sitting down together as equals,” she said.

Vice President Dr Mohamed Waheed Hassan meanwhile told the UN General Assembly that “demands for human rights and democratic values are universal” and “the time for Palestine to join the international family of nations is long overdue.”

Dr Waheed said the Maldives was committed to protecting human rights, both domestically and internationally, and noted that with the Maldives signing the Rome Statute of the International Criminal Court the country”joins a growing alliance of states which stand firmly against those who believe they can violate human rights with impunity.”

The UN Security Council is currently considering the proposal put forward by Palestinian President Mahmoud Abbas. Key issues include Israeli settlements, the status of Jerusalem, and securing rights of return for Palestinian refugees.

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Vice President meets Sri Lankan President Rajapaksa during UN General Assembly

Vice President Dr Mohammed Waheed Hassan has paid a courtesy call on Sri Lankan President Mahinda Rajapaksa at the 66th session of the UN General Assembly in New York.

The Vice President’s Office later refuted reports that Dr Waheed discussed the Sri Lankan human rights situation with Rajapaksa during the meeting, following media reports quoting Sri Lankan officials to the contrary.

Haveeru on Tuesday quoted a senior Sri Lankan official as saying that during a meeting between Rajapaksa and the Vice President, Dr Waheed “assured that he will be supporting Sri Lanka’s stance on the human rights issue.”

The Vice President’s office later claimed the meeting was a courtesy call during which Dr Waheed said it was refreshing to  hear the Sri Lankan President talk about trade unions and north-south cooperation in his speech [to the UN], and that there was “no mention of the human rights situation in Sri Lanka.”

Sri Lanka is currently conducting an internal investigation of these allegations, which refer to acts of violence committed by both government and rebel forces in the final phases of Sri Lanka’s civil war.

Numerous human rights groups, including Amnesty International (AI) and Human Rights Watch (HRW), have rejected Sri Lanka’s investigation on the grounds that its Lessons Learnt and Reconciliation Commission (LLRC) does not meet international standards.

The British Broadcasting Corporation (BBC) has reported that human rights groups found the commission flawed because “its members were appointed by the government, it has no real mandate to investigate war crimes in the last stages of the conflict, lacks any mechanism to protect witnesses and falls short of minimum international standards of a commission of inquiry.”

The Sri Lankan government has denied committing any offenses. The Maldivian government said it supports Sri Lanka’s wish to solve internal issues without external involvement.

Today, the Maldives President’s Press Secretary Mohamed Zuhair issued a statement expressing support for the Tamil people.

“The President of the Maldives would like to express his good wishes to all Tamil people. The Tamil people have always been like brothers to Maldivians. The President would like to see peace and harmony in our region and has expressed his desire for all people to live peacefully together.”

Human Rights Watch recently applauded the Maldives as one of the seven most important countries on the UN Human Rights Council. It expressed puzzled concern, however, over the Maldives’ “regrettable” support of Sri Lanka at this time.

“The Maldives should revisit its approach on Sri Lanka in order to bring it in line with its otherwise principled approach to human rights at the Council,” said the report.

Minister of Foreign Affairs Ahmed Naseem said he did not wish to comment on the issue.

Meanwhile, UN secretary general Ban Ki-Moon has appointed a panel to advise him on accountability issues in Sri Lanka, reports the BBC. The Sri Lankan government rejected the panel, however, and said it would not issue visas to UN panel members visiting Sri Lanka.

The UN Office for the High Commissioner of Human Rights (OHCHR) today said they are urging Sri Lanka “to ensure there is a genuine accountability process to address the serious violations believed to have been committed during the last months of the  war in Sri Lanka.”  The OHCHR is waiting to see how member states take action on the issue, “but, of course, the United Nations hopes Maldives – like other UN members – will encourage Sri Lanka to address this important issue.”

Late last week, President Mohamed Nasheed met with Sri Lankan Prime Minister Disanayaka Mudiyanselage Jayaratne regarding the upcoming South Asian Association for Regional Cooperation (SAARC) summit, due to be held in Addu City in November. The heads of state also discussed ways to strengthen ties between the two countries.

The SAARC summit could afford the Maldives an opportunity to promote human rights in south asia, a region that is reportedly slower than others to adopt international human rights standards.

The Maldives recently became the 118th member of the International Criminal Court (ICC), a close partner of the UN.

“As a chair of the SAARC summit, Maldives will have quite an influence on South Asian countries attending this year’s event,” she said previously. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC), called the Maldives’ accession to the Rome Statute a significant step for human rights in south asia.

She noted that Sri Lanka is “a long way” from membership at the ICC.

ICC membership requires the Maldives to uphold ICC standards and rulings. “The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate with the Court by arresting  the criminals.”

Sri Lanka’s findings are due for release on November 15.

Clarification: This story has been updated to reflect a clarification from the Vice President’s Office that human rights were not discussed at the meeting with Sri Lankan President Mahinda Rajapaksa.

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Israeli airlines will be licensed upon request: Transport Ministry

Israeli airlines are allowed operating licenses for the Maldives upon request, according to an agreement made between the two countries in 1993 and Israel’s membership of the International Civil Aviation Organisation (ICAO).

Only a parliament-endorsed resolution can block an airline license, reports Haveeru.

Transport Minister Adil Saleem told local media that the ministry had decided to approve Israeli national carrier, El Al Israel Airlines, after the South Asian Association for Regional Cooperation (SAARC) summit this November.

El Al applied for a license to operate flights to and from the Maldives every Tuesday starting December 13, Haveeru reports.

Earlier, El Al’s subsidiary airline Israeli Sun D’Or International applied to charter flights to the Maldives. Its request was denied by Maldivian authorities after Israeli Civil Aviation Authority (CAA) revoked the airlines’ operating license because it “did not comply with international standards.”


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MNDF searching for army deserters

An undeclared number of servicemen have deserted the armed forces and are subject to penalty according to the Armed Forces Act. The servicemen are currently being searched for by the Maldives National Defence Force (MNDF).

The search is being considered a special operation under the Armed Forces Act, reports Haveeru.

The decision to take action against servicemen who leave service without permission or warning was made last year by the Defence Ministry, which cited the Armed Forces Act as point of reference.

Article 32(b) states that a serviceman is deemed absent without leave where he fails to report for work for 14 days without authorisation, or where he fails to report to work or objects to report to work where an order is given in accordance with the Act by a superior in an emergency.

The act outlines penalties including arrest of various duration, fines, termination of service, institutional proceedings, and others outlined in subsequent regulations.


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