Category: Society & Culture

President vetoes special needs legislation

President Mohamed Nasheed has vetoed the bill on protecting the rights of and providing financial assistance to people with special needs following an appeal from NGOs and advice from the attorney general that it would conflict with UN conventions.

Article 91(a) of the constitution states the president shall either assent to a bill within 15 days or return it for reconsideration.

The bill was passed on 21 December and would have automatically become law if the president did not ratify it today.

Mohamed Zuhair, president’s office press secretary, said the legislation was returned as the president believed it could lead to “social, economical and legal problems” if it was enacted.

Zuhair said Attorney General Husnu Suood advised the president that many provisions in the bill conflicted with international standards and the Convention on the Rights of Persons with Disabilities, which the Maldives has acceded to.

Suood told the president that the bill would create obstacles for persons with special needs making decisions on their own and participating in society.

Zuhair added the ministry of health and family informed the president that social and economic difficulties could arise if the provisions in the legislation were implemented.

Moreover, the Human Rights Commission of Maldives as well as NGOs Care Society, Handicap International and Association for Disabilities and Development had urged the president to ask parliament to ensure that the law would protect the rights of people with special needs as required by the UN convention.

Appeal

"Don't ratify the bill!"
"Don't ratify the bill!"

Care Society, the Maldivian Deaf Association and the Association for Disabilities and Development were joined by parents of persons with special needs at a gathering outside the president’s office this morning.

The NGOs and parents held up placards urging the president not to ratify the bill.

Speaking to Minivan News, Sidaatha Shareef from Care Society said the NGOs wanted a law to protect the rights of the special needs.

“But we had to gather today after working through a lot of different stages. When the bill was at parliament, we met parliament members and met members of the social affairs committee separately and made recommendations in writing and gave them a presentation,” she said.

The bill was passed without considering any of the recommendations, she continued, and the NGOs met with the president’s office, the HRCM and the health ministry to raise their concerns.

“But, since we have not got an adequate response, we are here today to see what decision is made,” she said, adding if the president ratified the bill it would be a “big failure”.

Among the main concerns with the bill was lack of health rehabilitation. “That is one difficulty that the parents here endure every day. It is a basic right that they should be getting,” she said.

She added the language of some provisions the “spirit of the bill” would “segregate” people with special needs or provide assistance as “charity”.

The NGOs wanted the bill to be “more inclusive, rights-based and in line with the UNCPWD”.

Shortly after Sidaatha went into the president’s office and was told to wait until the end of lunch hour, Hassan Afeef, political advisor to the president, came out and addressed the group.

Asked how the president would make his decision, Afeef said, “The president is considering doing it in line with your thinking.”

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Tenant last to see Sheereen alive, say family

The last person to see 30 year-old Mariyam Sheereen alive on Thursday night was an islander of Laamu Mundhoo who rents an apartment in the same house, one of Sheereen’s family members has claimed.

Sheereen was found dead on Sunday night under a pile of sand bags at a construction site in Male’.

Speaking to Minivan News on the condition of anonymity, the family member said Sheereen came to visit her mother at around 8pm on Thursday night.

“She said her SIM [card] wasn’t working, so I gave her a new one and asked her to return it on Friday,” said the relative. “Her mother told me she called her boyfriend before going out and argued with him.”

Sheereen left at around 9pm and that, the relative said, was the last time her family saw her.

Originally from Laamu Mundhoo, Sheereen moved to Laamu Gan with her mother and children, after the island was devastated in the tsunami.

Before her death, she had been living in a rented house in Male’ with one of her children.

The relative said she was seen with her boyfriend later that night by a family friend, while a friend of her mother’s saw the two of them in her rented room on New Year’s Eve.

Police said yesterday that Sheereen’s body was found by a Bangladeshi labourer on Sunday at Maafanu Angaagiri, under a pile of sandbags. The family was called to identify Sheereen two days after they filed a missing person’s report.

Arrest

Police further revealed that a man had been taken into custody in connection with the suspected murder.

The relative said the Mundhoo man and Sheereen’s landlord knocked on her door on Friday morning as her slippers were outside, but there was no answer.

On Friday afternoon, her mother called her boyfriend and asked the landlord to open her apartment.

They found her handbag and the clothes she was wearing on Thursday night, and reported her as missing to the police.

According to the relative, police have since arrested Sheereen’s boyfriend, a man from Laamu atoll Kalhaidhoo.

The relationship was marred by a history of abuse, the relative continued, and Sheereen was once hospitalised in Laamu Gan regional hospital after he had severely beaten her.

Police would not confirm the identity of the man arrested.

Asked if the case was being treated as a murder investigation, Sergeant Ahmed Shiyam from the Maldives Police Service said “we cannot give any details yet of the case, but all we can say is that [the suspect] has been brought in because we suspect him of being linked.”

Reaction

Mohamed Zuhair, the president’s press secretary, condemned the case as “horrific”.

“The president is very concerned about this alleged murder, and calls on the members of the public to assist the police in anyway they can,” Zuhair said.

The president’s office has been in close contact with the police commissioner, he added: “We have received information that the body was discovered 72 hours after death.”

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Body of missing woman found in construction site

A body of a 30-year-old woman was discovered at a construction site in Male’ last night.

The body was discovered yesterday evening around 6.30pm, at Maafanu Angaagirige, hidden under a pile of sand bags.

Sergeant Ahmed Shiyam said a man suspected of involvement in the case has been taken in for questioning.

Police could not reveal any details of the man or his connection to the deceased.

According to police, the woman was Mariyam Sheereen of Laamu Gan Thudi ward.

“She has been reported as a missing person since the the 31st of December,” he said.

Shiyam said police had not determined the cause of death yet and the body was still at the morgue for an autopsy.

At a press conference today, Inspector Hamdhoon Rasheed, head of the organised and serious crimes unit, said the body was identified by the forensic department using fingerprints.

Police revealed last night that the decomposing body was found by a construction worker under a pile of garbage and sand bags.

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Salaf condemns plans to revive “unIslamic” cultural traditions

Islamic NGO Salaf Jamiyyah has condemned plans to revive bodu maaloodh (big feast) in Thaa atoll Kadoodhoo, a tradition that was banned under the previous government.

Bodu maaloodh was traditionally celebrated on the Prophet’s birthday as a social event where people from neighbouring islands get together for a feast.

“Salaf believes it should not be revived and that it is a bidah (innovation),” said Abdullah bin Mohamed Ibrahim, president of the association.

Bidah

Bidah refers to innovations within Islam that are not part of the religion. In Sunni Islam, innovations in religion are believed to sinful and blasphemous.

In April last year, the government announced it planned to end the segregation of tourists and locals by introducing community-based tourism and establish seven cultural centres in the seven provinces to promote cultural tourism.

Abdullah added reviving such rituals in the name of promoting cultural tourism could have “dire consequences” on society as they were in conflict with Islam.

“If all such practices are to be brought back, they might even revive old Buddhist traditions,” he said.

Abdullah said celebrating the Prophet’s birthday was an innovation because it was not practiced either by the Prophet’s companions or during the three centuries that followed his death.

Moreover, it was not prescribed in the Prophet’s Hadith (sayings) or Sunnah (practice).

Cultural tourism

RaajjeIslam.com, a website that posts Islamic literature and writings of local Sheikhs, scholars and associations, reported yesterday that Ahmed Mujthaba, state minister for home affairs, met the people of Kadoodhoo and encouraged the revival of the practice.

“At the meeting where a lot of men and women of the island were invited, the state minister said he will make sure islanders are able to do it and that the province office will cover all the costs,” reads the news statement.

It adds that the state minister told RaajjeIslam.com that it would be revived under the government’s policy of introducing cultural tourism.

The statement calls on the government to stop the “spread such irreligious practices” and advise those intent on reviving it.

Such bidah were discontinued in the country due to the efforts of many scholars, it reads, as it had been practiced as part of religious worship in the past.

Social bonds

Speaking to Minivan News today, Yousuf Nizar, Kadoodhoo councilor, confirmed the state minister encouraged people to organise a bodu maaloodh at the meeting.

Nizar said the tradition was discontinued over five years ago when the previous government refused to give permission.

While there might have elements of unIslamic traditions in the practice, such as in some of the Arabic chanting, he said, it was celebrated as a cultural ritual or a gathering intended to strengthen social bonds.

“I don’t believe it conflicted with Islam even back when it was stopped,” he said. “It is a cultural practice, not a religious festival.”

The councilor stressed that the feast would be planned this year only if islanders wanted to resume the practice.

In the past, he said, the island ended other practices such as putting up fire lights as it was believed to date back to the time when Maldivians worshipped the sun.

Protecting Islam

Izzudheen Adham, communications officer at the ministry of Islamic affairs, told Minivan News today that the practice was an innovation as scholars believed it was not in the sunnah or hadiths.

The Supreme Council for Islamic Affairs under the previous government campaigned to discontinue and ban various cultural traditions that were seen to be contrary to Islam, he said.

Izzudheen said bodu maaloodh was believed to have been introduced to the Maldives by Indian Borah traders, who borrowed it from a Sufi sect in India and Sri Lanka.

The ministry believes it should not be continued as it also involved prayer and supplications for blessings.

The ministry would be able to take measures against such practices when its new regulations were enforced, he said, as it would empower the ministry to stamp out unIslamic traditions.

“Our mandate is to protect religion in the Maldives,” he said. “If people are trying to revive it, we will take whatever measures we can to stop it.”

Izzudheen said the ministry will consult with the tourism ministry and other relevant authorities to ensure that the promotion of cultural tourism does not bring back traditions that conflict with Islam.

In a statement issued today, the Maldivian Detainee Network (MDN), a human rights NGO, said it views the call to ban bodu maaloodh as unconstitutional.

Article 39 of the constitution guarantees the right to participate in cultural life, while article 19 states, “A citizen is free to engage in any conduct or activity that is not expressly  prohibited by Islamic Shari’ah or by law. No control or restraint may be exercised by a person unless it is expressly authorised by law.”

“Given the fact that there is no law which expressly prohibits the practice of bodu mauloodh, MDN calls upon all parties to respect the constitution on this matter and allow the cultural event to go ahead,” reads the statement. “MDN further urges those opposed to the practice to publicly air their concerns, and partake in religious debate if necessary, to discourage the practice on a cultural level. Calling on the state to ban the practice without such debate and public consultation goes against the spirit of both the constitution and democracy, especially when it infringes on rights guaranteed in the constitution.”

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The 1915 disaster at Kudarikilu

In 1915 World War I was in full swing, but the people of the Maldives were continuing simple lives in relative peace and security.

But, the peace of Kudarikilu, a small island in Baa Atoll, was shattered when local fishermen found an unusual object floating in the sea.

Abu Bakuru Mohamed, a judge at Baa atoll Kendhoo, recalls the stories his old friend Mohamed Manik had told him about the incident.

“Mohamed Manik was alive in 1915, and he saw the events that unfolded on Kudarikilu,” recalls Abu Bakuru.

According to Manik, it was a clear Thursday and fishing vessels from Kudarikilu and Kendhoo were out on a nearby channel.

“The Kendhoo dhoni got a call from the Kudarikilu people, they said ‘we found something, come help us.'”

The round object with the “silver skin” was in fact a drifting contact mine. During World War I, many countries protected their shores by dumping a plethora of naval mines. These were cheap and deadly. Often, floating mines would break away from their moorings and drift with the currents: a disaster waiting to happen, as many of these mines could stay active for years.

Normally, foreign objects would have been taken to the atoll office, but since the weekend was Thursday and Friday and the atoll office was closed, the fishermen decided to tow it back to Kudarikilu.

The crew brought the mine ashore near the eastern side of the island, where all the vessels were moored. Rolling it onto the beach, they left it there.

The next morning, the people of Kudarikilu went about their usual routine and in the afternoon went to Friday prayers.

Manik recalled that in the afternoon, the people went down to move one of the dry docked dhonis back into the water.

In many Maldivian islands, people gather to witness and lend a hand in this process. While down at the beach people also gathered to investigate the strange metal device.

“A young man, started playing with the screws and prodded it with a stick,” says Abu Bakuru.

All of a sudden there was a massive commotion as the mine started to smoke, he said, and it then started spinning and partially dug itself into the sand.

People moved in closer to investigate when it exploded with an almighty bang, sending a massive shock wave through the island.

“There was a massive explosion, it was terrible, there was bits of body everywhere, skin was plastered onto the coconut palms, people even found fingers all the way across the other side of the island.”

Abu Bakkuru recalls people on Kendhoo telling him about the loud bang. Even the island of Kendhoo, which lies four miles off Kudarikilu, felt the explosion.

“People told me of a huge plume of smoke that followed the explosion,” recalls Abu Bakuru.

Over the years the story has had many different versions, while the death toll varies with every telling.

According to Manik, 60 people lost their lives in the incident. Naval mines from that period carried up to 80 kilograms of explosives, and were designed to rip the hulls off massive iron clad ships.

However, Kudarikilu Councilor Hassan Firaaj says according to reports only seven to nine people died.

Immediately after the explosion, fishermen from Kendhoo instantly knew it must have been something to do with the object they found on Thursday.

“That silver ball they found exploded, I am sure of it!” one of the Kendhoo fisherman immediately claimed.

After some deliberation, the islanders of Kendhoo sent a dhoni to investigate the scene.

Manik said that the explosion had caused the whole lagoon to turn into a slight yellow colour.

“It must have been the explosive chemicals inside the mine.”

The Kudarikilu people quickly sent a message to the atoll office who came and investigated.

Abu Bakuru said that since all dhonis were still running on sails, the news of the incident did not reach Male’ for quite some time.

Today, there is a harbour on the site of the mine explosion.

Abu Bakuru recalls, “Sixty years ago I visited the site, the crater was still there, just as if it had happened yesterday. It was massive.”

The people of Kudarikilu still tell the story of the unfortunate events of that Friday afternoon, passing it on from generation to generation.

Although drifting naval mines were banned after World War I, some countries continued to use them.

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Clemency bill passed

Parliament passed legislation on clemency and commuting sentences during its last sitting of the year on Thursday before breaking for a two-month recess.

The bill proposed by the government to set guidelines for the president to grant pardons and commute sentences was passed with 59 votes in favour and two against.

Presenting the committee report, Kulhudhufushi South MP Mohamed Nasheed, chairman of the home affairs committee, said views expressed by MPs during the debate were incorporated in the final draft.

Among the changes made by the committee include adding a provision for aiding interpretation in determining if convicts have exhausted the appeal process, specifying crimes that will not be eligible for pardon and creating a clemency board chaired by the attorney general to advise the president.

The committee further added provisions to authorise the president to commute death sentences to life imprisonment as well as detailing criteria on granting pardons, said Nasheed.

Moreover, criminal records of those convicted under the old constitution would be wiped clean if they were pardoned.

Article 115 of the constitution states the president has the authority “to grant pardons or reductions of sentence as provided by law, to persons convicted of a criminal offence who have no further right of appeal.”

Under the legislation, convicts who did not get a fair trial and those who have exhausted the appeal process will be eligible for release.

Of the 11 amendments proposed to the bill, only four were passed.

In the debate after voting on amendments, MPs stressed the importance of the legislation to grant pardons for people in jail who were wrongfully convicted or sentenced solely on the basis of extracted confessions.

But, several MPs said the president should exercise caution and good judgment in commuting sentences and granting pardons.

In its 82 sittings since being convened in May, parliament has passed eight bills and adopted five resolutions, while 19 bills remain pending at the committee stage.

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Civil servants’ salaries to be restored

The Civil Service Commission (CSC) has decided to restore salaries and allowances of civil servants to its levels before the pay cuts enforced in October.

A circular issued by the commission yesterday states that the cuts were made on the request of the president and the finance ministry, which informed CSC it did not have enough funds in the budget for employees’ remuneration.

“Since the finance minister had estimated in the state budget for 2010 submitted to the People’s Majlis that government revenue would exceed Rf7 billion (US$544 million) and because the commission does not believe reduction of civil servants’ salaries for three months could be prolonged as a measure due to the economic circumstances facing the country…the commission has decided that civil servants will receive the full salaries determined for their posts from 1 January 2010,” it announced.

It adds that government offices and departments have been informed of the decision.

Following negotiations with the finance ministry in September, the CSC imposed pay cuts under clause 43(c) of its regulations, which authorises the commission to alter salaries subject to a three-month review based on “special economic circumstances”.

When pay cuts of up to 20 per cent were enforced in October, the commission and the finance ministry agreed that the economic circumstances would be considered over when the government’s annual income increases beyond Rf7 billion.

Special circumstances

Speaking to Minivan News today, Adam Zahir, a member of the executive committee of the Maldives Civil Servants’ Association, said parliament made amendments to include additional funds in the budget to restore salaries and the CSC has now said it will follow the budget.

Parliament passed the budget for 2010 with an additional Rf617.6 million (US$48 million) to restore the salaries.

“I believe we have now got 100 per cent guarantee that salaries will be restored,” he said. “But, with the way things have been going, we will believe it when it happens.”

MPs had informed the association that were enough funds in the original budget to pay the salaries, he continued, but now it has been confirmed “in a more certain and transparent way”.

Zahir said the association found it hard to accept the “special economic circumstances” because of the government’s actions and failure of either independent institutions, parliament or the judiciary to enforce similar pay cuts.

The administration continuing to make political appointees “showed that the money was there”.

Moreover, he said, both MPs and independent institutions have refused to accept the special circumstances and the government has not adequately proven that the situation warranted the austerity measures.

“So we don’t believe it because the people who would know these things best don’t believe it either,” he said.

Austerity measures

In August, the government announced it would be introducing a raft of austerity measures, including reduction of overtime, cutting down the number of overseas trips and releasing government rented properties where possible, to alleviate an inherited budget deficit.

In addition to civil service wage cuts, the president said he planned to halve the 32,000-strong civil service by 2011.

Both decisions caused an angry backlash from opposition parties who petitioned the CSC to refuse the wage cuts, which they argued would adversely impact the lives of many citizens.

In his maiden speech at the 64th UN General Assembly on Thursday, President Mohamed Nasheed said the Maldives had “suffered badly” from the global economic recession.

“Moreover, since assuming office, it has become clear to us that in the run-up to last year’s election, the former government engaged in highly irresponsible economic policies in the hope of buying their way to victory,” he said.

Nasheed said government planned to tackle the economic crisis by reducing the civil service, privatising public utilities, and promoting private enterprise and trade.

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Forced labour and discrimination rife in the Maldives, claims report

Forced labour is a “serious problem” in the Maldives and a sign that the government is not fulfilling its obligations as a member of the International Labour Organisation (ILO), claims a report into the country’s labour and trade union policies by the International Trade Union Confederation (ITUC).

The report, produced for the World Trade Organisation (WTO) in October, found a “relatively large number of forced labour-type situations among migrant workers and female domestic workers in the Maldives.”

“Domestic workers, especially migrant female domestic workers, are sometimes trapped in situations of forced labour and are in many cases forbidden from leaving the employers’ home through threats and other means,” the report said, citing figures from the 2009 report of the Human Rights Commission of the Maldives.

“It is estimated that the number of migrant workers has almost tripled during the past five years and there are more than 80,000 migrant workers in the country, equivalent to
around 26 per cent of the population. While many are not in a situation to be defined as bonded labour or forced labour, many other labourers from neighbouring countries pay
large sums as commissions to receive employment in the Maldives and often are not in a position to quit their job before they have paid back the sums of money borrowed.”

“I think there’s some truth in it, particularly with female workers from Sri Lanka and India finding themselves in situations where they are not being paid, or not able to limit their working hours,” said President of the Human Rights Commission of the Maldives (HRCM) Ahmed Saleem.

Children were particularly at risk, the report noted, with some of those migrating to Male from the outer islands for educational purposes finding themselves forced to work as informal domestic workers in exchange for accommodation and food.

“The house work done by such children is not voluntary in the cases where their continued stay in such houses depends on such children obediently doing house work as required by the owners of houses,” the report found, adding that child labour was also reported in the fishing industry.

Saleem said he had not heard of such practices in the fishing industry, but noted that when people living on the islands sent children to study in Male “many places will provide food and pay expenses, and in return the [child] may feel obliged to do work.”

There were many advertisements for such arrangements in local newspapers, he observed.

Workplace discrimination

The report also lambasted the government for failing to implement the prohibitions in the Constitution and Employment Act against workplace discrimination, especially regarding women.

“Women face discrimination at the workplace and in society, a problem which the government has failed to address in any satisfactory way,” the report said.

“At certain workplaces it is not permitted to get married or pregnant as this would lead to a termination of employment or change of job, and the complete absence of child care facilities forces many women to leave their job once their first child is born.”

Aishath Velezinee, member of the Judicial Services Commission, questioned whether this occurred and noted that the Maldives’ lack of childcare facilities stemmed from the culture historically relying on extended families for this purpose.

“Until lifestyles and ways of living began to change, there hasn’t been a need for it,” she said.

As for sexual harassment, another area highlighted in the report, “it exists but there is also a bill being drafted. I would say the state is addressing the issue.”

Discrimination based on sex was similar to that based on perceived cultural and profession hierarchies, she said.

“People don’t seem to understand the concept; they see [discrimination] as a cultural thing. It is a big issue: we don’t seem to understand the discrimination as it is meant in the Constitution or as it is expected in a democratic country.”

Even in the Supreme Court, she said, junior staff were made to take off their shoes and either wear slippers or go barefoot to protect the soft marble floors while senior staff could wear shoes.

The report also noted that women were prevented from working at many resorts because of their remote locations, as it was not considered socially acceptable for young unmarried females to stay on resorts for long durations.

“Traditionally women are disadvantaged in the Maldives, particularly in the application of Shari’a law in matters such as divorce, education, inheritance, and testimony in legal proceedings,” the report said, a state of affairs Velezinee admitted was “true”.

Saleem however observed that the Maldives treated women far better than other Islamic cultures, “where many [women] would describe themselves as slaves and sex objects.”

“Maldivian women have had voting rights since time immemorial. I’m not saying anything is perfect, but I think we have done more than other Islamic countries,” he said.

Collective bargaining

Furthermore, the report claimed that the Constitution and Employment Act contained no provisions allowing workers to collectively bargain, and despite the presence of active workers’ organisations such as the Tourism Employees’ Association of Maldives (TEAM) and the Teachers’ Association of the Maldives (TAM) the country had yet to formally recognise any trade unions.

“Strikes have been suppressed and encountered violent reactions from the the police [in the past],” the report said, observing that “freedom of association is still far from common practice.”

The right to collective bargaining “should be integrated [into the Constitution and Employment Act] now the Maldives is a member of the ILO,” the report urged.

“It must be the primary priority of the Maldives to ratify and fully implement the eight core ILO conventions and bring its labour law and practice in line with international labour standards.”

Saleem agreed: “Everyone knows the Employment Act needs changes. The Labour Ministry has said it will look at the recommendations we made [on the subject], but it has been two months. It’s time the government made it a priority – the Labour Minister has a lot of work to do.”

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Sunfront staff attacked in latest mugging

Days after the violent mugging of businessman Campus Didi, another attack occurred in Male’ last night.

The manager Mohamed Rashaad Adam and an employee of the Sunfront store on Majeedhee Magu had closed up for the night and were on their way home at around 11.30pm.

The men were carrying the day’s takings in cash with them in a small bag.

Speaking to newspaper Haveeru, Adam said that they were attacked by a group wielding box cutters.

In the ensuing melee’ the staff member was badly hurt when he was punched in the eye.

Sergeant Ahmed Shiyam from the Maldives Police Service confirmed the story to Minivan News.

“Around six people attacked the two Sunfront employees, but they didn’t manage to get away with the money,” he said.

However both men received various injuries and the staff member was flown to Sri Lanka for treatment.

When asked if the incident was related to the attack on Campus Didi, Shiyam said: “It is too early to make a connection and we are still investigating both cases”.

He urged shop owners to be vigilant when handling money.

“If shopkeepers are concerned when moving such large quantities of cash around they should immediately call the police who will assist them,” he said.

The Sunfront attack is the latest in a series of similar attacks on businesspeople carrying large sums of money after closing up shop.

If anyone has been a victim, or knows anyone who has been a victim of such attacks and would like to tell their story to help others avoid a similar incident, please contact Minivan News.

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