Comment: Discrimination against women in the Maldives

The Ministry of Gender and Family, the Maldives Study on Women’s Health and Life Experiences 2007 suggest that one in every three women undergo some kind of abuse through their life, be it physical, psychological or sexual abuse.

For this reason, as a woman working to empower women, I felt a ray of hope on November 25, 2009, when the parliamentarians endorsed their commitment to the campaign to stop Violence against Women in the Maldives.

Unfortunately, the recent discussions held at the last meeting of the People’s Majlis (Parliament), before they went into recess, were shocking to some of us. Some of the parliamentarian’s crude remarks denote discrimination against women that is unacceptable for the lawmakers of the Maldives.

This is not the first time that such discriminatory, undermining and sexual language has been used toward women on the parliament floor.

The Maldives Constitution ratified in 2008. Chapter 2, article 17 states that everyone is entitled to rights and freedoms without discrimination of any kind including race, national origin, color, sex, age, mental or physical disability, political or other opinion, property, birth or other status, or native island.

In this respect, the United Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which Maldives ratified in 1993, specifically stipulates equal rights to women, to stop discrimination against women and places an obligation on the state to provide and protect the rights of women.

It is interesting to note that the parliamentarians did not question the sex of the candidates at the time when the names were sent to the Majlis by President of the Maldives, and when they reviewed and approved the names for the five membership positions of Human Rights Commission (HRCM).

The discussion heated up when it became apparent the President [Mohamed Nasheed] had sent female nominations for the President and Vice-President of HRCM, which are high positions.

Why is it that the thought processes of the parliamentarians then turned upside down? The parliamentarians did not debate over why women were not nominated for bench of Supreme Court, nor why there is only one woman elected for both the Civil Service Commission (CSC) and Anti-Corruption Commission (ACC), and no woman sitting in Elections Commission.

The majority of the public and private sector do not provide equal opportunities for women when it comes to decision-making positions. These high positions and are not barred by Islam, and neither by the Maldivian Constitution.

The media lacks awareness about women’s rights and the importance of promoting gender equality. The misconception spread about gender equality is that women and men are equal. This is incorrect – the correct account is that men and women are biologically different because of their sex but gender is socially constructed.

This means that there are positions or jobs that the society believes that either men or women can do. This is the interpretation that the parliamentarians had when they had the discussions on the last day before recess.

If women’s names had been approved by parliamentarians according to their first deliberations, the approval should be based on their competency. The deliberations on the Majlis floor indicate lack of knowledge about women’s issues and women’s problems.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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UK student visa procedures eased for Maldivians

The UK Border Agency has announced it will expedite the processing of student visas for Maldivian applicants whose courses are due to commence by the end of October 2010.

UK Border Agency further stated that visa applications submitted between 8 to 14 September 2010 would be processed within five working days, making it easier for Maldivian students as they can obtain visas by travelling to Sri Lanka only once.

The UK High Commission to the Maldives is affiliated with the UK’s Sri Lankan High Commission. During a recent debate in the House of Commons, Members of the All-Party Parliamentary Group on the Maldives raised the difficulties Maldivian students face when trying to obtain a visa to study in the UK, as well as mobilising British financial assistance to the Maldives.

The debate was organised by the UK-Maldives All Party Group with the support of the High Commission of Maldives in London, and was open to the public.

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Parliament’s paralysing of HRCM is “unforgivable”: Saleem

Parliament’s failure to approve a President and Vice President of the Human Rights Commission of the Maldives (HRCM) before going into recess has left the country without a functional human rights body, according to former HRCM President Ahmed Saleem.

“Because of the irresponsible behaviour of the Majlis, the three member commission sworn in on August 17 is now defunct,” Saleem claimed.

The required quota of commission members is five.

“Two new members are still to be sworn in and there is no President or Vice President to preside over the meetings, which must be held at least once a month according to HRCM’s regulations,” Saleem explained.

“What the Majlis has done to HRCM is unforgivable, and it’s all because HRCM and human rights are not as important to the Majlis as taking their leave,” he said.

“The Majlis is destroying this country and leaving the government incapable of doing anything.”

Saleem’s concerns about HRCM were echoed by a coalition of local human rights NGOs, including the Maldivian Democracy Network, Maldives NGO Federation,Transparency Maldives and Democracy House.

“According to Article 9 of the HRCM Act, the President of the Commission holds the chair in all meetings of the Commission and is also tasked with assigning complaints that the Commission receives to the different members,” the coalition observed in a statement.

“The Vice-President of the Commission takes over these responsibilities when the President is either absent or unable to perform these duties. Thus, the non appointment of either a President or a Vice-President is an immense obstacle to the effective functioning of the Commission.”

The NGOs claimed it was the duty of the Majlis “to ensure that an important institution such as the HRCM does not fall into a legal void”, and that leaving the institution to flounder until parliament reconvenes in October “would be a great disservice to the people of the Maldives.”

The reasons for parliament’s failure to resolve the appointments of the commission’s President and Vice President are unclear.

The three members appointed to the Commission from the list sent to parliament by President Mohamed Nasheed included Maryam Azra Ahmed of Maafannu Hukuradhige, Jeehaan Mahmood of Dheyliyage in Hinnavaru of Lhaviyani Atoll and Ahmed Thalal of Henveiru Adduge. Saleem was listed but was not approved by parliament  – “it is my job to be critical of the government – I was surprised when the whole opposition voted me out,” he commented.

However President Nasheed’s nominations for HRCM’s President and Vice President, Azra and Jeehaan respectively, were not approved prior to parliament’s recess – an approval Saleem described “as usually just a formality”, but critical to the functioning of the institution.

Speaking in parliament on August 30 (pages 69-75), DRP Deputy Leader Ilham Ahmed said that while he considered the people appointed for HRCM as capable, the role of President and Vice President “should include a male.”

“Even if you look at it from a religious perspective or from the perspective of good policy, there should be a male in either post,’’ he said.

Independent MP for Kudahuvadhoo, Ahmed Amir, said it was “against human rights” to have two females in the roles of President and Vice President.

“It is the woman who calls for equality most of the time,’’ said Amir.

Minivan News attempted to contact Ilham, but he hung up with an apology.

Saleem observed today that the last commission “had men as President and Vice President and nobody said anything.”

“This time [President Nasheed] proposed two ladies. I have no problem with that – but they must be capable people,” he said, adding that “it would be nice to have a man and a woman for the sake of gender balance.”

The NGO coalition called on parliament to remain free of gender bias, stating that as the laws allowed women “to take up not only the Presidency of the Republic, but also become judges, commission members, commission presidents, and take up other important posts in the State, and that the Presidency and Vice-Presidency of most other commissions and bodies in the country are dominated by men, there is also no room to claim that women being appointed as both President and Vice-President of the HRCM is contrary to the rule of equality among the sexes.”

To not appoint a person to a particular post on grounds of the person’s sex “would in fact be contrary to Article 17 of the Constitution which enshrines the principle of non-discrimination”, the coalition suggested.

Maldives High Commissioner to the UK and the first female in the Malidves to receive a PhD, Farahanaz Faizal, said it was “absolutely horrifying to know that in the 21st century some of our parliamentarians are trying to obstruct this and discriminate against women simply because of their gender, no matter how experienced or qualified they may be.”

“In our recent past, we have had very capable women leaders in all walks of life, both in the government and outside, such as Moomina Haleem, our first female cabinet Minister,” Dr Faizal said.

Deputy Minister for Health and Family, Mariya Ali, said she felt it was important that “more women are in such positions, because it inspires younger women to seek higher education, and shows them what they can achieve if they work hard.”

“I feel it is a very important step for us to take that women are given such high posts, because unless they are taken, stereotypical attitudes towards women will persist,” she said. “If they are capable, why not appoint them?”

Recourse

Saleem suggested that the government had made a mistake by not waiting until all five members of the commission had been approved, including the President and Vice President, “instead of rushing the whole process.”

“No democracy can function without a functioning human rights body,” he said.

“According to Article 297 of the constitution, the old commission must continue functioning until a new five member commission takes over. If there is to be a legally functional HRCM to protect the rights of the Maldivian people it can only be the HRCM appointed for five years in November 2006 – or else constitute the new one lawfully ASAP.”

Parliament was also recently criticised for leaving HRCM in constitutional limbo following the conclusion of the interim period, after failing to conduct the reappointments in time for the August 7 deadline.

A source at HRCM observed at the time that the legal legitimacy of the institution’s activities were questionable until the new commission was approved: “we don’t even know if we are supposed to be going to work.”

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Daylight robbery increasing, warns Chief Inspector

Theft and robbery are crimes increasingly conducted  in daylight, said Police Chief Inspector Mohamed Jamsheed, Head of Property and Commercial Crime, during a press conference today.

Many of these crimes were committed by professional thieves known to police, he explained, including many who had been convicted and imprisoned, but had escaped from custody.

“The release of some convicted people is also a very dangerous issue for society,’’ Jamsheed said.

“Last week some people broke in to the IBS office and damaged the doors, drawers and other office property, and stole jewelry, three mobile phones and Rf 71,350 (US$5500),” he noted, adding that police had already arrested a man, Mohamed Mujthaba, in connection with the case.

‘’He was a fugitive who escaped from jail, after he was convicted in drug related case and brought to Male’ for medical treatment,’’ Jamsheed said. “He was arrested on Makunudhoo in Thaa Atoll.’’

Jamsheed said that police had discovered “a lot of items believed to be stolen” in his house, while other stolen items were believed to have been already sold to other people.

Jamsheed also disclosed information about forged dollar notes discovered in a house in Male’.

‘’Police discovered US$248,300 in forged notes inside Mahchangolhi Kuhlhafilaage,’’ he said. ‘’All the notes were printed with one serial number.’’

He said an elderly man, Hussein Ali, had been arrested in connection with the case.

‘’This person was already been arrested by police on charges in different cases,’’ he said.

Jamsheed appealed for any person with information on the cases to notify police, and urged people to prevent strangers from entering houses if they claimed to be searching for someone.

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Reeko Moosa calls for end of peace talks with DRP

Maldivian Democratic Party (MDP) MP and parliamentary group leader Moosa ‘Reeko’ Manik has called for ceasation of cross-party peace talks with the opposition Dhivehi Rayyithunge Party (DRP).

Moosa’s appeal to MDP Chairperson Mariya Ahmed Didi and President Mohamed Nasheed to quit the peace talks were made following amendments presented by DRP to parliament during its last sitting two days ago.

“The bill on Courts was presented to the parliament’s floor following discussion with opposition and independent MPs, after coming to an understanding,” said Moosa. “After agreeing not to propose any amendments, all of a sudden they started proposing them.”

Moosa claimed that Speaker of the Parliament and DRP MP Abdulla Shahid dismissed the sitting while MDP MPs were calling for the bill to sent back to committee.

The amendment that triggered uproar and the cancellation of the sitting was a proposal to prevent the courts from conducting trials related to activities of the former government. The amendment also obstructs the retrial of controversial cases.

“The opposition intends to hide the big crimes committed by the former government,’’ Moosa explained. “DRP’s parliamentary majority is not a reason for MDP to beg the opposition.”

DRP MP Abdulla Mausoom said the last sitting of the second session “was ruined” by MDP MPs when the session “was not going the way MDP MPs wanted.’’

“We have the right to propose amendments; all the things they are saying are excuses,’’ said Mausoom. “MDP MPs just do not like following the due procedure of the parliament.’’

‘’Our amendments were proposed to broaden the bill and to frame it in such a way that the courts can perform their work best,’’ he said. ‘’All the amendments were presented after discussion with [DRP’s] parliamentary group.”

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JSC appoints Commissioner and Vice Commissioner

The Judicial Service Commission (JSC) has appointed Supreme Court Judge Adam Mohamed Abdullah as Commissioner and Dr Afrasheem Ali as Vice Commissioner.

Adam Abdullah was nominated in competition with the new Attorney General, Dr Ahmed Ali Sawad. Dr. Afrasheem Ali was appointed in competition with Aishath Velezinee, the President’s Member on the Commission.

JSC members now include Adam Mohamed, Dr Afrasheem, Velezinee, Shuaib Abdur Rahmaan, Lower Court Judge Abdulla Didi, High Court Judge Abdulla Ghanee, lawyer Ahmed Rasheed, Civil Service Commission (CSC) President Mohamed Fahmee Hassan, Parliament Speaker Abdulla Shahid, and Attorney General Dr Sawad.

The JSC isan independent institution charged with overseeing the judiciary, investigating complaints and taking disciplinary action.

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GMR due to pay US$78 million upfront fee in October

Chairman of the government’s privatisation Committee and Economic Development Minister Mahmood Razee has said Indian infrastructure giant GMR is due to pay US$78 million to the government by October.

The airport was formally leased to the GMR on June 29, following the company’s successful bid in consortia with Malaysia Airports Holdings, and it will begin operating the facility in November.

Speaking to newspaper Haveeru, Razee claimed GMR would take over “full operations” in Mark 2011.

“The concession agreement specifies matters that should be settled at different periods. According to the agreement, the US$78 million that should be paid as upfront should be paid before the end of October. It can change by around four days,” he told the newspaper.

Beyond the upfront fee, the GMR-MAHB bid will see the consortium paying one percent airport profit to the government and 15 percent of the fuel trade until 2014, then 10 percent of the profit and 27 percent of the fuel trade from 2015 to 2035.

The GMR group has already begun holding workshops with airport stakeholders concerning the upgrading of the airport and construction of a new terminal at a cost of $373 million.

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Comment: Islamic Sharia is the solution to social evils

This article originally appeared on the website of the Islamic Foundation of the Maldives. Republished with permission.

Many westerners and human rights campaigners have the false notion that Maldives is a country ruled according to sharia (Islamic law). However, the truth is that apart from some aspects of marriage, divorce and legal issues involving inheritance, the courts in the Maldives do not decide matters according to Islamic sharia and this dreaded word sharia has nothing to do with most practices of the Maldivian people. There never was a time that sharia with all its principles was applied in the lives of Maldivians.

Just seeing burqa clad women and a few bushy bearded men on the streets is no proof to accuse Maldives becoming a safe haven for Islamic extremists or al-Qaeda terrorists. According to non-Muslim westerners, the hallmarks of an extremist or terrorist Islamic society is that adulterers are stoned to death, murderers are executed, hands of the thieves are chopped off, rapists, apostates and dealers in narcotics are beheaded, women are forced to wear burqa in public, men or women involved in immorality are openly flogged.

Apart from some few public lashings in the past none of the above mentioned methods of punishments continue to be used to punish criminals in the Maldives.

Nevertheless, the non-Muslim westerners fear that soon or later the Maldives will fall ‘victim’ to Islamic sharia and this country would cease to be a tolerant Muslim nation towards non-Muslims. They are disappointed to find that with the introduction of democracy the opportunity to obtain Maldivian citizenship for non-Muslims has failed to materialise.

The Article 9 (d) of the Maldives Constitution states, “..a non-Muslim may not become a citizen of the Maldives.” Moreover, the law no. 6/94 prohibits both Muslims and non-Muslims alike of carrying out Christian missionary work in the Maldives, and also of acting in a manner that may endanger the religious harmony of the people of this country.

Another appalling thing for the non-Muslim westerners is a clause in Article 142 of the Constitution of Maldives, which states, “..when deciding matters on which the Constitution or the law is silent, Judges must consider Islamic sharia.”

This sharia is something which makes the evangelists, the hypocrites, the LGBT’s, the agnostics and the irreligious tremble with fear. The hardcore democrats in this country believe that if sharia begins to take effect on people’s lives, the Maldives would lose its currently dignified place among the community of nations.

According to them, sharia means the husband taking three more wives to humiliate his first wife, the absolute enslavement of women folk in the society and the country becoming an enemy of the West and the United States in particular.

There are people who think otherwise by citing the example of Saudia Arabia which implements most aspects of sharia but remains a close friend of the United States and the European Union. Non-Muslims visiting Saudi Arabia and other gulf states are more secure than those visiting South Africa and Latin American countries. The high crime rates in those countries send a chill down the spine of anyone thinking of visiting those countries. ]

The Islamic Republic of Iran, a country accused of all sorts of intolerance towards non-Muslims by the West, attracted 2.3 million tourists in 2009, whereas the number of tourists visiting Maldives only reached 500,000 for the same period. Out of the 2.3 million tourists visiting Iran, a significant number come from the West and the European Union.

Muslim countries are often singled out for criticism for not allowing drinking in public, setting a guideline for women to dress up in public and harsh penalty for heinous crimes such as child molestation, rape, murder, homosexuality, arson and robbery, etc.

The Westerners and the so called human rights activists fail to realise that many non-Muslim countries have the death penalty embodied in their constitution. In the United States, many criminals are sentenced to be executed by lethal injection or sending them to electric chair. In 2009 alone, the United States executed 52 criminals; out of this number, 51 were put to death by lethal injection.

The official method of execution in China is by firing squad. Currently there are 68 crimes that are eligible for capital punishment in China. Singapore and Vietnam are among the countries with the highest per capita execution rate in the world. No state is willing to tolerate people involved in committing brutal and callous crimes and acts of high treason or subversion. Take the case of Timothy McVeigh, the Oklahoma City bomber who was executed by lethal injection in June 2001.

Another embarrassment for the evangelists, atheists and islamophobiacs is the Article 10 (a) and (b) of the Maldives Constitution which states, “The religion of the State of Maldives is Islam. Islam shall be one of the bases of all the laws of the Maldives.” “No law contrary to any tenet of Islam shall be enacted in the Maldives.”

A complication arises when a native Muslim Maldivian renounces his faith and becomes a non-Muslim. The Article 9 (a) (1.2.3) of the Maldives Constitution states the ground rules to qualify for the citizenship of this country. Though the Constitution states that no citizen of the Maldives may be deprived of citizenship, conversion from Islam to other faiths automatically invalidates a person’s citizenship as the act nullifies the condition for receiving or retaining citizenship.

Most law experts in Maldives are of the view that an apostate (renegade) who refuses to repent and continues in the state of unbelief, then the State is under obligation to annul his citizenship.

Some people mistakenly believe that sharia only deals with crimes and punishments. Though the prescribed punishments are included within the framework of sharia, punishments are just a small portion of sharia.

Islam insists on blocking all the roads leading to evil and crime before imposing sharia punishments on the people. Therefore, the poor and the destitute have to be provided for by means of zakath, state assistance, various forms of charity or employment, etc. It would be a total injustice to chop off the hands of poor people for stealing food whose children are dying of hunger. It would certainly be a ridiculous thing to allow brothels to be run and implement sharia punishments for fornication or adultery.

Also allowing women folk to appear semi-naked and drunk in public and beheading rapists is nonsensical. Most rapists in the West are repeated offenders. You allow rapists to come out of the prison after a year or so for him to come and rape you , your mother or your sister again. Which way of life is barbaric? A way of life which allows notorious criminals to move freely around and create more mischief and corruption in the land, or a way of life that eliminates the dangerous criminals once and for all?

Some religions, including Christianity, insist that married couples are joined in holy matrimony until death does them apart. No matter what the problems that arises between the spouses, men and women of totally different temperaments have to remain married to live a miserable life together. The result is desertion or separation or what they call ‘domestic violence’ which is very common in the West.

Many people with problems in marriage fall victim to drugs and say they do it to find consolation or free themselves from anxiety. Islamic sharia provides a solution for ending such misery by divorce. However, divorce has to be carried out only after all possible ways to reconcile the couples have failed. If the couple has got children and if they stay with the mother, the husband has to provide enough money for their proper upbringing and also meet them occasionally to make sure they do not miss their father’s love. Divorced women can remarry after their waiting period is over. Which of these ways of life are better?

It is a misconception that prescribed sharia punishments are carried out on individuals on the grounds of suspicion and the sharia courts are more like kangaroo courts or military tribunals. Islam too insists that all are innocent until proven guilty. It is a false notion to believe that the ruler of a Muslim state has the power to condemn people to death on the grounds of suspicion for trying to seize power or commit crimes against the state. If we look at the past, we find that sharia courts in Muslim lands were independent and the rulers had no power to impose judgements. There were instances in the history that Muslim judges passed sentences against the ruler of the state. The sentences passed in sharia courts are not based on hearsay or suspicion but on proofs.

When sharia as a whole is implemented in a Muslim society, people’s lives become much easier and they begin to feel a sense of security. Muslim societies will not attain the desired stability, calmness or tranquility unless sharia is implemented. There are many reasons for this, the first and foremost is, a Muslim society without sharia is devoid of the blessings of Almighty Allah (God). There will always be some Muslims who continuously keep building pressure by one way or the other in trying to persuade people to accept sharia as a sole guide.

It is totally absurd that President Mohamed Nasheed openly criticised sharia punishments saying that an executed person cannot be brought back to life from the dead after it has been found that he was innocent. If that is so, is it a fair thing for a person to spend 25 years behind bars and die in prison to be proven innocent later?

It is absolutely stunning that President Nasheed sought assistance from German government to amend or rewrite the little of the remaining sharia law enforced in the Maldives. He did this on the grounds of consolidating the young democracy in the Maldives. After a meeting with German Chancellor Angela Merkel, the Earth Times quotes him saying that he would welcome German assistance in building up a new version of sharia law in the Maldives. The proposed new version of sharia certainly is not going to be the sharia derived from the revealed Scripture because a new version of any book, law or legal document always negates the old version of it.

Seeking German assistance in matters of sharia is a ridiculous thing while there is Al-Azhar University and the Islamic University of Medina, both of which can offer a more sound judgement on sharia related issues. It is better for President Nasheed to stop trying to mess with what remains of sharia in this country and leave it to the legislature and the judiciary.

In Feburuary 2008, Dr Rowan Williams, the Archbishop of Canterbury, argued that adopting parts of Islamic sharia law would help maintain social cohesion in Britain. He said Muslims should be allowed to choose to have marital disputes or financial matters dealt with in a sharia court. Not long after Dr Williams said sharia law in UK seemed unavoidable, Islamic law was officially adopted in Britain. In September 2008, sharia courts were given powers to rule on Muslim civil cases and their verdict is binding under Arbitration Act 1996. However, Muslims in Britain still have a long way to go for them to be able to enforce prescribed punishments in Islamic sharia.

The parliament in Somalia, a country with an ongoing civil war, unanimously approved to implement sharia (Islamic law) with the aim of diffusing tension between the shaky government in Mogadishu and al-shabab rebels. Also Sudan, a country with a long history of civil war seems to have become more stable after sharia was adopted.

If prescribed sharia punishments begin to be enforced in a Muslim society, its instant favourable effects starts to take shape on people’s lives. Heinous crimes such as banditry, gang rape, drug trafficking, fraud, murder, etc begin to decrease drastically throughout the country.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Palestinian and Israeli leaders meet for Obama’s peace talks

Palestinian and Israeli leaders begin direct talks in Washington today in what US President Barack Obama has described as “a moment of opportunity that may not soon come again”.

Obama intends to forge a Middle East peace agreement within a year, approaching the talks between Egyptian President Hosni Mubarak, Israeli Prime Minister Benjamin Netanyahu, Palestinian President Mahmoud Abbas and Jordan’s King Abdullah II with tempered optimism.

The UK’s Guardian newspaper reported the US President as saying the task would be difficult after so many failed efforts, and that passions and mistrust ran deep. But he said that the occupation and accompanying conflict were unsustainable.

“The purpose of the talks is clear. These will be direct negotiations between Israelis and Palestinians,” said Obama, These negotiations are intended to resolve all final status issues. The goal is a settlement negotiated between the parties that ends the occupation which began in 1967, and results in the emergence of an independent democratic and viable Palestinian state living side by side in peace and security with a Jewish state of Israel and its other neighbours,” he said. “We are under no illusions. Passions run deep. Each side has legitimate and enduring interests. Years of mistrust will not disappear overnight …

“After all, there’s a reason that the two state solution has eluded previous generations. This is extraordinarily complex and extraordinarily difficult. But we know that the status quo is unsustainable.”

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