Comment: Constructing the truth – CoNI and the coup, part one

This article originally appeared on DhivehiSitee. Republished with permission.

There are no facts, only interpretations.

– Frederich Nietzsche

When the allegation lacks substance or reality, nothing is required in response.

– Commission of National Inquiry (CoNI)

The idea that an objective truth can exist independent of political power is a myth dating back to Plato. On the contrary, truth and political power are intricately woven together—one cannot exist without the other. Instead of an ‘objective truth’, what becomes accepted as ‘reality’ is based on what those in power are willing to include as ‘true’ and what they exclude as ‘false’ in what they say and do about a given issue. While such power/truth relations are normally hidden from surface observations and casual scrutiny, the Report of the Commission of National Inquiry, Maldives is a document that blatantly demonstrates how ‘truth’ is produced in this manner and how the truth so constructed is used to exercise power and control over society.

It is CoNI’s conclusion that there was “No coup, no duress, no mutiny” in the Maldives on 7 February 2012. To arrive at this ‘truth’, the CoNI Report excludes all information it regards as false and includes only what it deems true according to preconceived notions and beliefs.  “When the allegation lacks substance or reality”, it states, “nothing is required in response.” How CoNI decided what ‘lacks substance or reality’ and, therefore, can be dismissed as not worthy of a response, is not explained. It is an arbitrary measurement, composed and set up by the Commission according to a standard that itself decided on, and which it decided not to make public.

Some statements contained in the report, however, do provide an indication as to the criteria used by CoNI to decide which of the 293 witnesses it interviewed were telling the truth, and which of them were judged as simply repeating ‘hearsay’ or enthusiastically relaying fantasies of a confused mind susceptible to suggestion.

Take, for example, the following statement:

Just as a question has no evidential value unless the person answering accepts or adopts the fact contained in the question, allegations have no evidential value just because someone has articulated them repeatedly.

What does this confused and confusing statement mean? If a question is being asked in order to establish the facts of an event, why then does the question itself contain a fact that the answer must first accept for it to be considered valid? Is CoNI saying that a decision was made from the very beginning to exclude as invalid all the answers that did not first accept ‘the fact’—as stated in CoNI’s findings—that ‘there was no coup’?

How much evidence was excluded on this basis? Is this the grounds on which the evidence of Nasheed’s wife, Laila, for instance, was given no consideration by CoNI? In an investigation of the validity of Nasheed’s claim that he resigned under duress, fearful not just of a public bloodbath but also for the safety of himself and his family, would the evidence of his wife not be essential to verifying his explanation?

It is not just Laila’s evidence that seems to have no place in CoNI’s deliberations. Although one of the appendices to the report provides a list of 49 pieces of documentary evidence submitted by various witnesses, there are only seven such documents it refers to as having ‘comprehensively reviewed by the Commission’.

Of these, what it relied on most was its own Timeline, published on 6 June 2012, over two months before it completed its deliberations. [The English translation of the Timeline published on the CoNI website on its official letterhead was copied verbatim—except for an occasional substitution of a word here and there—from Dhivehi Sitee with neither permission nor acknowledgement, or shame for that matter.]

According to the CoNI Report this Timeline, published prior to interviewing some of the most important witnesses to the events of 7 February, was the truest document of them all. There was nothing anybody could say to challenge its version of events, for it contained CoNI’s ‘truth’.

It must be noted also that despite the many alternative scenarios which have been produced internally and internationally, there has been virtually no challenge of any substance to what was recorded in the Timeline.

Indeed. Not when all evidence that was excluded from the Timeline remained excluded as unworthy of inclusion.

This is an analysis of some of the most blatant exclusions of fact the CoNI Report relied upon to construct a particular ‘truth’ about the events of 7th February 2012. It is part one in a series of in-depth analyses of the CoNI Report which, if accepted in its current form as ‘what really happened’ in the Maldives on that day, renders the 2008 Constitution of the Maldives meaningless and creates the conditions in which the illegal overthrow of a government can be deemed legal.

Azra Naseem holds a doctorate in International Relations.

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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‘February in history’: Himal Southasian

“What happened in the Maldives on 7 February this year has been the subject of constant debate ever since. The completion of the investigation into these events last month did little other than confirm the one thing that everybody already knew: that the winners of the power struggle that day were those who found themselves in charge come 8 February,” writes Daniel Bosley for Himal Southasian magazine.

“The old maxim that history is written by the victors appeared to have been borne out as the Commission of National Inquiry (CoNI) not only absolved all those in the current government of any wrongdoing in the suspicious ousting of former president Mohamed Nasheed, but also laid upon Nasheed the blame for all the events preceding his resignation.

After a quasi-legal investigation, the final report read more like a political justification for the removal of an opponent than a genuine attempt to untangle the confusion surrounding the events, which many believe to have been a coup d’état.

After half a year, the addition of two new members, and an additional month’s delay, the commission’s credibility was already under question. It came as no surprise, then, that the final draft brought no real agreement over the circumstances surrounding Mohamed Waheed Hassan’s ascension to the presidency.

What the CoNI report has done, however, is to enter the first official account of the fateful day’s events in the ledger of Maldivian history. Anti-climactic and unsatisfactory, can the CoNI still mark the beginning of a new chapter in Maldivian democracy?”
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“Maldives backtracking on democracy”: International Federation for Human Rights

The International Federation for Human Rights (FIDH) yesterday released its report into human rights in the Maldives, titled “From Sunrise to Sunset: Maldives backtracking on democracy”.

In a statement accompanying the report’s release, the group stated that it had witnessed a deterioration in the freedom of assembly and the freedom of the press as well as the “influence of radical groups detrimental to women’s rights”.

“The appointment of close allies of the former dictator Gayoom the new administration these past months, is another worrying sign that questions the respect for democratic principles and the rule of law in the country,” read the statement.

FIDH arranged a fact finding mission to the Maldives at the end of July, meeting with politicians, activists, civil society members and journalists.

The Paris-based group’s President Souhayr Belhassen called on the government to respect democratic gains made in the country, particularly implementing the recommendations of the Commission of National Inquiry (CNI) and strengthening independent institutions.

The CNI’s final report, whilst absolving the current government of any wrong-doing during February’s transfer of power, acknowledged that the police had been guilty of acts of brutality on February 8 which must be investigated.

The FIDH report describes how the past decade’s democratic reforms have stalled owing to political polarisation and institutional inertia.

“The 2008 constitution guarantees most of Maldives’ human rights obligations; however these have so far failed to be translated into domestic law,” it says.

It also suggests that the failure of the Nasheed administration to prosecute past human rights offenders has contributed to a “culture of impunity for perpetrators of past human rights violations.”

Civil society that was “flourishing and vocal during the democratic struggle became less visible during the presidency of Mohamed Nasheed”, says the report, arguing that it had become another casualty of the polarised environment.

The report detials the difficulties the country has had with separating the powers of the executive, the legislature and the judiciary which had previously been dominated by former President Gayoom.

“Tensions with the judiciary and the opposition-dominated parliament, led [Nasheed] to take unilateral decisions that exceeded his prerogatives, such as ordering the arrest of opposition leaders and a judge without following due process, or by declaring the Supreme Court defunct. Since Mohamed Waheed took over power, executive interference has continued,” read the report.

Regarding the state of the judiciary, FIDH argues that testimonies gathered from its members show that, “under the successive administrations, no political party has actually ever shown any willingness to establish an independent judiciary since each seems to benefit from the existing system.”

FIDH also notes that the government of President Mohamed Waheed Hassan has been accused of a wide range of human right violations, including violent harassment of street protesters, torture and harassment of pro-opposition media as wells as legal and physical harassment of the opposition.

“Practices to silence political dissent that had disappeared in the course of Nasheed’s presidency, have once again become prevalent under Mohamed Waheed’s presidency,” said FIDH.

The report highlights what it sees as impartial investigations of crimes, citing in particular the attempted murder of blogger Ismail ‘Hilath’ Rasheed.

The issue of the use of religion for political gains is criticised in the report: “The exploitation of religion for political gains has posed a threat to the drafting of new legislations by potentially limiting existing human rights.”

FIDH also expressed its concerns that tentative gains in women’s rights, as typified by the recent domestic violence bill, could be reversed if government aligned religious groups push for full implementation of Sharia law.

The report also criticises the apparent enthusiasm amongst politicians for implementation of the death penalty, saying: “With the current state of the judiciary and the incapacity of the police to properly investigate crimes, analysts fear judicial errors would result in the death of innocent people.”

In its recommendations to the Maldives government, FIDH urges the Maldives to remove from the domestic legal framework provisions that restrict individual right based on “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other statu” to conform with the International Covenant on Civil and Political Rights (ICCPR).

Amongst its other recommendations, the report urges the government to strengthen independent institutions, to enact relevant legislation which will enable the country to fulfil its human rights obligations  and to order a thorough investigation into the attack on ‘Hilath’ Rasheed.

“The situation remains at the time of release of this report relatively confused and uncertain,” concludes the report, “however, the coming weeks will be crucial to test the Government’s ability and willingness to prevent further acts of police brutality and, in general, a deterioration of the human rights situation.”

FIDH’s report follows the release of an Amnesty International report last week which highlighted a number of politically motivated attacks by police on February 8.

Following the government’s claims that Amnesty had produced a one-sided report without seeking comment from the government, an Amnesty spokesperson stressed that the organisation was without political affiliation and had not been the only group to highlight human rights violations in the Maldives this year.

“In compiling our report we talked at length with government and police officials in Malé and Addu during our visit to the country in late February and early March. On the occasions they responded we have included their comments in our documents,” said the spokesperson.

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The Maldives’ foreign relations and the CNI

“It was just a week ago that Maldivian President Dr Mohamed Waheed was in Colombo, meeting diplomats, businesspeople and the media on a mission to strengthen the existing friendly relations between Sri Lanka and the Maldives,” writes Lasanda Kurukulasuriya for Sri Lanka’s Sunday Times.

“The visit came just days ahead of the release of a report by a commission appointed to investigate the controversial circumstances in which he, as deputy to former president Mohamed Nasheed, assumed office as President of the Maldives in February.”

“The travel destinations of the Maldivian political leaders (past and present) point to their keen awareness of the geostrategic imperatives in the region. For the small Indian Ocean archipelago these considerations dictate that the support and goodwill of its close South Asian neighbours need to be maintained, whilst simultaneously fostering good relations with China.”

“President Waheed when he visited in May sought to reassure Delhi that ‘China will not replace India.’ But the Maldives, just like others, wants to develop trade links with the economic powerhouse.”

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Waheed says China to grant Maldives $500 million loan

President Dr Mohamed Waheed Hassan has told Reuters that China will grant the Maldives US$500 million (MVR7.7billion) in loans during his state visit to the country.

The loans, equal to nearly one quarter of the Maldives’ GDP, would include $150 million (MVR2.3billion) for housing and infrastructure, with another $350million (MVR5.4billion) from the Export-Import Bank of China, reported Reuters.

This state owned bank is mandated with facilitating the export and import of Chinese products and promoting Sino-foreign relationships and trade, according to its official website.

China’s aid may provide an immediate salve to the government’s financial ailments which are on track to leave a MVR 9.1 billion ($590million) deficit in this year’s budget.

Former Foreign Minister and current UN Special Rapporteur to Iran, Dr Ahmed Shaheed, explained that it was unlikely China would give any money to the Maldives as cash, suggesting that it would more likely come as assistance in kind, which was often difficult for the economy to “absorb”.

Shaheed said that the loan should not be interpreted as a change in foreign policy after former President’s Nasheed and Gayoom both recognised the importance of cultivating ties with China.

“This is very much in keeping with past policy. There has been a growing Chinese interest in the Maldives – a relationship based on trade, tourism and political contact,” said Shaheed.

“The lines so far drawn have demonstrated that the Maldives remains primarily SAARC focused, followed by trading partners in the EU and Singapore. China has moved into this second category,” he added.

“Nothing will change the fact that we are only 200 miles from Trivandrum,” he said.

A Chinese embassy opened in Male’ in time for the opening of the SAARC summit last November, reciprocating the opening of a Maldivian mission in Beijing in 2007.

Indian officials were reported at the time as having concern that the move was part of China’s “string of pearls” policy which supposedly involves Chinese attempts at naval expansion into the Indian Ocean.

On this matter, Shaheed acknowledged that India would be worried about Waheed’s arrival in Beijing after its apparent diplomatic failings during the Maldives’ recent troubles.

However, Shaheed said that a genuine policy shift would have to involve enhanced military cooperation, something avoided by former President Nasheed after his predecessor had shown some interest.

“Nasheed understood that the Maldives should not become a playground for the big powers,” he said.

Similarly, when asked upon his recent return from Sri Lanka what the Maldives’ policy was regarding Sino-Indian competition in the region, President Waheed is said to have responded that the policy of a small nation like the Maldives ought to be to avoid too great an involvement in geopolitics.

Waheed’s first official state visit after becoming president saw him travel to India in May. The Maldives National Defence Force (MNDF) conducted joint naval operations with India in the same month.

More recently, Waheed has visited the United Kingdom, Saudi Arabia and Sri Lanka.

The vast rise in the number of Chinese tourists visiting the Maldives was a point Waheed was keen to make to both Reuters and the Chinese state news agency, Xinhua.

“The purpose of this visit is we have a growing relationship with China,” Waheed told Reuters. “The most tourists from one nation are coming from China. So it is really important to have a good relationship and to also encourage Chinese tourists to continue to come to the Maldives.”

China leapfrogged the United Kingdom in 2010 to become the number one source of arrivals for the country’s travel industry.

Official figures from the Maldivian Ministry of Tourism reveal that China has provided 22.2 percent of all arrivals to the Indian Ocean nation this year – up 14.5 percent from last year.

When speaking with Xinhua, Waheed thanked the Chinese for choosing to visit the Maldives before going on to give praise to China’s policy of non-interference in foreign affairs.

Waheed has been critical of the Commonwealth’s role in the country’s recent political turmoil, suggesting that the organisation’s calls for early elections were “premature”.

In a comment piece for local newspaper Haveeru this week, Waheed’s Special Advisor Dr Hassan Saeed said that the Maldives should not tolerate interference from people “who fail to practice what they preach in their own country.”

“We need to have the confidence to challenge those diplomats and politicians in the international community who sometimes seem to let their personal political sympathies determine their approach to our problems,” said Saeed.

Xinhua reported that Waheed had lauded China for understanding the international affairs of smaller countries.

“China is emerging as one of the superpowers now. In that sense, it will inevitably play a significant role in world affairs,” said Waheed.

On this point, Shaheed argued that the mention of ‘non-interference’ alongside ‘world power’ was a non-sequitur.

“The world has moved on from this approach. It is now state business to interfere when partners appear to have violated agreements,” he said.

Shaheed added that praise for a host country’s policies was standard in these instances, “a nicety”, and suggested that people should “not read too much into it.”

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Waheed to visit China to enhance trade

President Mohamed Waheed Hassan has revealed his plans to visit China on an official state visit next week, highlighting the continued significance of the nation to Maldivian interests.

“China is a fast developing nation and most products are being made there. Both small and larger countries are trying to establish trade ties with China. Hence we should also follow suit,” Waheed told local media upon his return yesterday from a state visit to Sri Lanka.

The last official state visit by a Maldivian President to China came in May 2010 when Mohamed Nasheed visited the Shanghai World Expo.

Nasheed met Chinese President Hu Jintao during his trip, Dr Waheed is himself reportedly expecting to meet Prime Minister Wen Jiabao next week.

The Foreign Ministry has said that more information about the visit would be released to the media in the coming days.

Ministry of Economic Development’s figures show that imports from China have more than doubled between 2010 and 2011, reaching US$68.9 million dollars.

Maldivian exports to China were reported to total just $26,000 last year, consisting largely of fisheries products.

Vice President of the Maldives National Chamber of Commerce and Industries (MNCCI) Ishmael Asif explained that the potential of Sino-Maldivian ties could be better realised through increased awareness of nature of the island nation.

“The Chinese are yet to understand logistics in the Maldives, including its politics,” he said. “We are trying to educate them on these things.”

He added that efforts were already being made in the field of education in order to “help us understand one another’s culture.”

In addition to trade ties, China has become increasingly important to the Maldives’ in terms of interest from tourists.

China leapfrogged the United Kingdom in 2010 to become the number one source of arrivals for the country’s travel industry.

Official figures reveal that China has provided 22.2 percent of all arrivals to the Indian Ocean nation this year – up 14.5 percent from last year.

“Most tourist arrivals to the Maldives are from China. More than 200,000 tourists come to the Maldives from China. Hence we must establish a close relationship with the country,” Waheed told reporters yesterday.

Asif added that there were great possibilities for Chinese investment in the Maldives’ tourism sector.

“For example, we have no Chinese hotel in the Maldives,” he said. “They are very interested in investment.”

The MNCCI  – whose remit is to promote trade and business in the Maldives – has had an office in Chengdu for two years. Chengdu, in Szechuan province, is the departure point for most Chinese visiting the Maldives, explained Asif.

In the wake of the rapid expansion in tourism links, closer ties have developed in the fields of aviation and diplomacy.

The rise of Mega Maldives Airlines has been particularly notable in recent years. The company, started in 2010, has more than doubled in size in the last year – operating charter flights between the Maldives and five Chinese destinations, as well as Hong Kong.

In April, the company conducted a travel road show in partnership with the Maldives Ministry of Tourism.

The company reported the cancellation of some flights after the political unrest in the Maldives in February. Although arrivals figures bounced back, the Maldives still remains on the Hong Kong Security Bureau’s travel alert system.

Disturbances in the capital at the time included the destruction of the National Museum’s pre-Islamic display. The Museum itself was a gift from China in 2010.

A Chinese embassy opened in Male’ in time for the opening of the SAARC summit last November, reciprocating the opening of a Maldivian mission in Beijing in 2007.

Indian officials were reported at the time as having concern that the move was part of China’s “string of pearls” policy which supposedly involves Chinese attempts at naval expansion into the Indian Ocean.

When asked by a reporter what the Maldives’ policy was regarding Sino-Indian competition in the region, President Waheed is said to have responded that the policy of a small nation like the Maldives ought to be to avoid too great an involvement in geopolitics.

Waheed’s first official state visit after becoming president saw him travel to India in May. The Maldives National Defence Force (MNDF) conducted joint naval operations with India in the same month.

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“The good news is that the Maldives is not about to disappear”: President Waheed

“First of all, I want give you a bit of good news. The good news is that the Maldives is not about to disappear,” President Dr Mohamed Waheed Hassan has told a group of Sri Lankan businessmen in Colombo yesterday, according to media reports.

Speaking during his official state visit to the Maldives’ closest neighbour, Waheed told an assembled group of business heads at the Hilton Colombo hotel that the country could mitigate the effects of climate change and global warming.

Waheed made the comments in an attempt to assure his audience in Colombo yesterday that steps were being taken to stabilise the political climate in the country, as well to retain investor confidence.

The President said that large sections of the state budget were currently being spent on combating coastal erosion, providing clean water for the islands and developing renewable energy to minimize overall expenditure.

Since assuming the presidency, Waheed has pledged to work towards the previous administration’s carbon neutrality strategy, while also announcing intentions to make the Maldives the world’s largest bio-reserve.

There has also been discussion of a green energy fund to raise US$100 million for renewable energy projects through voluntary tourist contributions.

The country’s energy sector had been headed for a dramatic overhaul this year before the political instability surrounding February’s transfer of presidential was claimed to have deterred potential investors in such a project.

The Scaling-Up Renewable Energy Programme (SREP) promised to attract up to $3billion in risk-mitigated renewable energy investment and reduce the Maldives’ dependency on imported oil.

The environmental obstacles besetting the low-lying archipelago had been championed by former President Mohamed Nasheed, who garnered international media attention with his underwater cabinet meetings and a promise to make the country carbon neutral by the year 2020.

Nasheed’s media campaign was covered in the documentary film, “The Island President”, which highlighted his negotiations at the 2009 Copenhagen Climate Summit.

Before assuming office, Nasheed told international media that he had discussed the idea of purchasing land in Sri Lanka, amongst other nations, “as an insurance policy for the worst possible outcome.”

Investor Confidence

Waheed assured his audience in Colombo yesterday that the government was also focused on bolstering investor confidence.

Threats to renationalise Ibrahim Nasir International Airport (INIA) – currently being developed by Indian company GMR – have recently brought calls from within the national-unity government for greater consideration of the longer-term impact on foreign investment.

President Waheed is also reported as having told Sri Lankan media that both the economy and the tourism industry, which indirectly contributes around 70percent of GDP, were growing.

A President’s Office statement, however, has reported that Waheed told the group gathered at the Hilton that there had been a decline in the tourism industry recently.

The Tourism Ministry’s most recent figures show that, compared with the same point in 2011, tourist arrivals were up by 2.8 percent, whilst occupancy rates had dropped 1.2 percent.

Figures published by the Maldives Monetary Authority (MMA) show that the economy was expected to grow by 5.5percent this year, a slight slow down on the previous year.

Tourism Minister Ahmed Adheeb, who is accompanying President Waheed to Sri Lanka, was unavailable for comment when contacted today.

At present, a key economic concern to the government is the current budget deficit, anticipated to reach MVR9.1billion (US$590million) – over 28 percent of nominal GDP.

Haveeru reported that Waheed has informed the Sri Lankan press of austerity measures which were delivered to the Majlis by the Finance Ministry earlier this month.

The Sri Lanka Daily News meanwhile reported that he was in the process of finalising agreements which would strengthen bilateral ties in trade and investment as well as the legal and the educational sectors.

Minister for Economic Development Ahmed Mohamed and President’s Office Spokesperson Abbas Adil Riza were not responding to calls at the time of press.

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Piece of Kiswah presented to President Waheed by King Abdullah

Visitors to the president’s official residence of Muleeaage during Sunday’s Eid celebrations were also able to see a piece of the Kiswah given to the Maldives by King Abdullah bin Abdul Azeez, according to local media.

The Kiswah is the cloth used to cover the Kaaba in Mecca. It is an annual tradition for the 658 metre squared silk cloth, embroidered with gold thread, to be cut into pieces and distributed to Muslim organisations and visiting dignitaries.

The Saudi Arabian royal gave the item to President Dr Mohamed Waheed Hassan during his recent visit to the country for the Organisation for Islamic Cooperation (OIC) summit, Sun Online has reported.

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Maldives celebrates Eid ul-fitr

Dr Mohamed Iyaz Abdul Latheef conducted prayers before a huge congregation in Male’ this morning, as thousands of Maldivians joined fellow Muslims across the globe in celebrating Eid ul-fitr (the festivity of breaking the fast).

Up to 50,000 people were reported to have attended the ceremony in the stadium area on Ameenee Magu at 7:00am.

The area, more commonly used for games of football, was prepared to accommodate male worshippers, whilst provisions were made for female worshippers in the adjoining track area.

During the 20 minute sermon, the Imam advised young people to be steadfast in their prayers and to avoid the intellectual war with which they are faced, reported local media.

Ameenee Magu was closed to traffic as tables were arranged, laden with food for the early-morning worshippers, celebrating the end of Ramazan and its month of daytime fasting.

President Dr Mohamed Waheed Hassan’s released a statement yesterday calling for unity and brotherhood over the holiday period, which runs for the three days following the end of Ramazan.

Waheed stressed the importance of strengthening family relations over the Eid period as well as placing national interests above personal ones.

The President, after attending this morning’s prayers, made his way to the official residence of the President, Muleeaage where he received members of the public after 9:30AM.

Along with the First Lady Madam Ilham Hussein, Waheed was visited by state ministers, members of parliament, state dignitaries and foreign diplomats.

Zakat – the giving of alms –  one of the five pillars of Islam, occurred before the Eid prayers.

Local media reported that 80,408 people paid Zakat in the Maldives this year, amounting to  MVR2.4 million (US$155,642) for distribution to the needy.

The ministry noted that a large number of people were paying Zakat through means other than the government.

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