Showing posts with label UNDRIP. Show all posts
Showing posts with label UNDRIP. Show all posts

Monday, August 1, 2016

National Inquiry or National Disgrace? Trudeau’s Next Step is Critical


Before being elected Prime Minister, Justin Trudeau told Canadians and First Nations that there was no more important relationship to him than the one with Indigenous peoples. To this end, he promised to engage with First Nations on a Nation-to-Nation basis where free, informed and prior consent means a veto. Once elected, he reiterated his promises:

(1)   Engage in a Nation-to-Nation relationship with First Nations;

(2)   Lift the 2% cap in First Nations education;

(3)   Review and repeal all the legislation former Prime Minister Harper imposed on First Nations without their consent;

(4)   Implement all 94 Calls to Action from the Truth and Reconciliation Report, which includes implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); and

(5)   Complete a national inquiry on murdered and missing Indigenous women and girls.


True to his word, Trudeau’s first order of business was to mandate Indian Affairs Minister Carolyn Bennett, Justice Minister Jodi Wilson-Raybould and Status of Women Minister Patti Hajdu to develop an approach and mandate for an inquiry into murdered and missing Indigenous women and girls to find justice for them. By mid-December 2015, the first engagement sessions were held with the families of murdered and missing Indigenous women and girls, Indigenous women and their representative organizations, Indigenous leaders, and human rights experts to determine the scope and process of the inquiry. While these meetings were ongoing, Canada accepted written submissions and also engaged in an online survey regarding the scope and process for the inquiry.


It is important to note that both the pre-inquiry engagement process and the inquiry itself were to be done within a new political context - one which focused on openness. Trudeau promised to “bring new leadership and a new tone to Ottawa” and “set a higher bar for openness and transparency in government”. In fact, he went so far as to say that “Government and its information should be open by default.” His reasoning for doing so was to ensure that Canadians can trust their government and that government remains focused on the people it is meant to serve. All of these promises come straight from the Ministerial mandate letters.


As promised, the government posted the dates and locations of meetings; posted overviews of each session online; and issued a summary report of what they had heard once the pre-inquiry sessions had ended in March 2015. Out of respect for what seemed to be a mostly positive process, most leaders and advocates held back their commentary in hopes that the next stage would soon follow.

In the months which followed, none of the mandated Ministers reported on what was happening with regard to the inquiry. Some of us were wondering when they would establish a table to begin jointly drafting the Terms of Reference based on the input from these sessions and begin the process of jointly choosing the commissioners for the inquiry. Such a table was never established. Instead, we only found out that the Terms of Reference were in fact being unilaterally drafted by federal and provincial governments when they were leaked to the press. Shortly thereafter, the names of the Commissioners were also leaked. This is when it became very clear that the government reverted to its old secretive ways and had no real intention of working on a Nation-to-Nation basis with First Nations. It was clear Trudeau’s commitment to openness, transparency and working in partnership with Indigenous peoples had ended.


http://www.theglobeandmail.com/news/national/missing-murdered-indigenous-women-inquiry-unlikely-to-have-mandate-to-review-police-conduct/article31020957/

Despite Trudeau’s personal promise made at the Chiefs in Assembly that the “process by which it [inquiry] is established will be fully inclusive”, numerous requests to be a part of the drafting process, and be provided direct updates and briefings from the INAC Minister’s office, were either met with silence or commitments cancelled at the last minute. It was obvious that the government was playing politics with one of the most urgent issues ever to face Canada – the very lives of Indigenous women and girls. The renewed Nation-to-Nation relationship with Indigenous peoples was supposed to be based on “recognition of rights, respect, co-operation and partnership”. Trudeau had mandated these and other Ministers to work to gain the trust of Indigenous peoples and Canadians by demonstrating “honesty and willingness to listen”. Clearly, these Ministers have lost their way in regards to the national inquiry.

Being completely excluded from the drafting of the Terms of Reference and choosing the Commissioners was bad enough, but to face the wall of silence and exclusion made things much worse. Some of the families started to lose faith; Indigenous leaders were forced to speak out; and some Indigenous and allied advocates were pushed to raise their concerns publicly, since the direct route had been cut off. To make matters worse, the content of the draft Terms of Reference that were shared by the media, was a real slap in the face to many of those who participated in the engagement sessions, who made written submissions and/or who have tried to work very hard with various Ministers’ offices. The Terms of Reference did not reflect what was recommended by various United Nations human rights bodies, human rights organizations, legal experts, Indigenous leaders, Indigenous women’s organizations, Indigenous experts, or by the families.




While there are many concerns with the draft Terms of Reference that were leaked by the media, the following is a brief overview of the main concerns as expressed by a variety of Indigenous women, families, leaders, experts and human rights allies:

(1)   Police: There is no specific mandate to investigate police conduct, specifically racism & sexualized violence within police forces towards Indigenous women & girls, their families and First Nations;

(2)   Evidence: There is no specific authorization for the inquiry to compel federal, provincial, and territorial documents, especially from police forces;

(3)   Human Rights: The inquiry is not structured within a human rights framework which is a major weakness given Canada’s failure to protect the domestic and international human rights of Indigenous women and girls has been cited as a root cause of the crisis;

(4)   Jurisdiction: There is no specific authority for the national inquiry to deal with matters  that some provinces may feel are within their exclusive jurisdiction, like the critical issue of child and family services. Similarly, there is no explicit legal clarity around cross-jurisdictional sharing of information that will be required in the inquiry.

(5)   Participant supports:There is no specific provision to provide protection from police for witnesses who bring forward information about police abuse. There are also no specific supports for travel, legal counsel or language translation.


My primary concern is related to the lack of specificity around racialized and sexualized police violence committed upon Indigenous women and girls and how police racism and misogyny impacts their decisions to investigate murders and disappearances or not, and the quality of those investigations.

As it stands now, there is no specific mandate to investigate failures by police forces to investigate murdered & missing Indigenous women & girls including both solved and unsolved cases, misnamed cases (murders deemed accidents), failures to file reports, failures to protect Indigenous women & girls; police facilitation (direct or indirect) of child prostitution and human trafficking, and the treatment of families and First Nations by police.


This is made all the more problematic by the fact that the draft Terms of Reference specifically directs the Commissioners NOT to investigate anything that could interfere with ongoing investigations – which would include cold cases not touched for over 20 years. Even more shocking is that Commissioners are instructed to send Indigenous families back to the same police forces that abused them, mistreated them or discriminated against them in the first place. Offering “navigators” akin to native court workers to help families deal with police processes is no replacement for a fulsome investigation of police failures and abuses, or the elimination of discriminatory police processes.


Even if one could argue that the current Terms of Reference does not need a specific mandate to review legislation, policies and oversight processes relating to policing and the justice system, the commissioners’ inability to compel police, their notes, or other police-held evidence under current laws and policies would make this implied power useless. These laws have resulted in a high impunity rate for police. If police officers who murdered unarmed racialized men in front of witnesses and on video can’t be compelled to cooperate with their own legislated Special Investigations Unit or share their notes and other evidence, what makes Trudeau think that some non-specific wording in the Terms of Reference will be able to do so? Canada is once again asking us to have faith in justice processes that protect police and harm Indigenous peoples. That is not what trust and partnership is about.


But Trudeau doesn’t have to take my word for it. Minister Bennett’s own report on the engagement sessions noted that not only should the inquiry be done in a human rights framework, but that the inquiry must address law enforcement – over and above systemic issues within the justice system. Families and experts from all over Canada said they want police accountability, independent reviews of cases, analysis of police racialized and sexualized conduct towards Indigenous women and girls, and the sexual exploitations of Indigenous women and girls.


Trudeau himself promised that the national inquiry would investigate “uncomfortable truths” and seek concrete actions related specifically to law enforcement. While the uncomfortable truth about police racism and sexualized violence, abuse and corruption has been in the public eye lately through media exposing the extensive nature of police abuses - Indigenous peoples have long known about this problem. We need this national inquiry to shine a light on this dark and uncomfortable truth for all to see, so we can put an end to it.

Prime Minister Trudeau, you made a promise to us. It’s up to you to force your Ministers to fulfill that promise. Convene a table this week so that Indigenous peoples can jointly draft the Terms of Reference and pick the Commissioners. Nothing less with live up to your Nation-to-Nation commitment. It’s never too late.

Additional resources:



 

 

 

National Inquiry or National Disgrace? Trudeau’s Next Step is Critical


Before being elected Prime Minister, Justin Trudeau told Canadians and First Nations that there was no more important relationship to him than the one with Indigenous peoples. To this end, he promised to engage with First Nations on a Nation-to-Nation basis where free, informed and prior consent means a veto. Once elected, he reiterated his promises:

(1)   Engage in a Nation-to-Nation relationship with First Nations;

(2)   Lift the 2% cap in First Nations education;

(3)   Review and repeal all the legislation former Prime Minister Harper imposed on First Nations without their consent;

(4)   Implement all 94 Calls to Action from the Truth and Reconciliation Report, which includes implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); and

(5)   Complete a national inquiry on murdered and missing Indigenous women and girls.


True to his word, Trudeau’s first order of business was to mandate Indian Affairs Minister Carolyn Bennett, Justice Minister Jodi Wilson-Raybould and Status of Women Minister Patti Hajdu to develop an approach and mandate for an inquiry into murdered and missing Indigenous women and girls to find justice for them. By mid-December 2015, the first engagement sessions were held with the families of murdered and missing Indigenous women and girls, Indigenous women and their representative organizations, Indigenous leaders, and human rights experts to determine the scope and process of the inquiry. While these meetings were ongoing, Canada accepted written submissions and also engaged in an online survey regarding the scope and process for the inquiry.


It is important to note that both the pre-inquiry engagement process and the inquiry itself were to be done within a new political context - one which focused on openness. Trudeau promised to “bring new leadership and a new tone to Ottawa” and “set a higher bar for openness and transparency in government”. In fact, he went so far as to say that “Government and its information should be open by default.” His reasoning for doing so was to ensure that Canadians can trust their government and that government remains focused on the people it is meant to serve. All of these promises come straight from the Ministerial mandate letters.


As promised, the government posted the dates and locations of meetings; posted overviews of each session online; and issued a summary report of what they had heard once the pre-inquiry sessions had ended in March 2015. Out of respect for what seemed to be a mostly positive process, most leaders and advocates held back their commentary in hopes that the next stage would soon follow.

In the months which followed, none of the mandated Ministers reported on what was happening with regard to the inquiry. Some of us were wondering when they would establish a table to begin jointly drafting the Terms of Reference based on the input from these sessions and begin the process of jointly choosing the commissioners for the inquiry. Such a table was never established. Instead, we only found out that the Terms of Reference were in fact being unilaterally drafted by federal and provincial governments when they were leaked to the press. Shortly thereafter, the names of the Commissioners were also leaked. This is when it became very clear that the government reverted to its old secretive ways and had no real intention of working on a Nation-to-Nation basis with First Nations. It was clear Trudeau’s commitment to openness, transparency and working in partnership with Indigenous peoples had ended.


http://www.theglobeandmail.com/news/national/missing-murdered-indigenous-women-inquiry-unlikely-to-have-mandate-to-review-police-conduct/article31020957/

Despite Trudeau’s personal promise made at the Chiefs in Assembly that the “process by which it [inquiry] is established will be fully inclusive”, numerous requests to be a part of the drafting process, and be provided direct updates and briefings from the INAC Minister’s office, were either met with silence or commitments cancelled at the last minute. It was obvious that the government was playing politics with one of the most urgent issues ever to face Canada – the very lives of Indigenous women and girls. The renewed Nation-to-Nation relationship with Indigenous peoples was supposed to be based on “recognition of rights, respect, co-operation and partnership”. Trudeau had mandated these and other Ministers to work to gain the trust of Indigenous peoples and Canadians by demonstrating “honesty and willingness to listen”. Clearly, these Ministers have lost their way in regards to the national inquiry.

Being completely excluded from the drafting of the Terms of Reference and choosing the Commissioners was bad enough, but to face the wall of silence and exclusion made things much worse. Some of the families started to lose faith; Indigenous leaders were forced to speak out; and some Indigenous and allied advocates were pushed to raise their concerns publicly, since the direct route had been cut off. To make matters worse, the content of the draft Terms of Reference that were shared by the media, was a real slap in the face to many of those who participated in the engagement sessions, who made written submissions and/or who have tried to work very hard with various Ministers’ offices. The Terms of Reference did not reflect what was recommended by various United Nations human rights bodies, human rights organizations, legal experts, Indigenous leaders, Indigenous women’s organizations, Indigenous experts, or by the families.




While there are many concerns with the draft Terms of Reference that were leaked by the media, the following is a brief overview of the main concerns as expressed by a variety of Indigenous women, families, leaders, experts and human rights allies:

(1)   Police: There is no specific mandate to investigate police conduct, specifically racism & sexualized violence within police forces towards Indigenous women & girls, their families and First Nations;

(2)   Evidence: There is no specific authorization for the inquiry to compel federal, provincial, and territorial documents, especially from police forces;

(3)   Human Rights: The inquiry is not structured within a human rights framework which is a major weakness given Canada’s failure to protect the domestic and international human rights of Indigenous women and girls has been cited as a root cause of the crisis;

(4)   Jurisdiction: There is no specific authority for the national inquiry to deal with matters  that some provinces may feel are within their exclusive jurisdiction, like the critical issue of child and family services. Similarly, there is no explicit legal clarity around cross-jurisdictional sharing of information that will be required in the inquiry.

(5)   Participant supports:There is no specific provision to provide protection from police for witnesses who bring forward information about police abuse. There are also no specific supports for travel, legal counsel or language translation.


My primary concern is related to the lack of specificity around racialized and sexualized police violence committed upon Indigenous women and girls and how police racism and misogyny impacts their decisions to investigate murders and disappearances or not, and the quality of those investigations.

As it stands now, there is no specific mandate to investigate failures by police forces to investigate murdered & missing Indigenous women & girls including both solved and unsolved cases, misnamed cases (murders deemed accidents), failures to file reports, failures to protect Indigenous women & girls; police facilitation (direct or indirect) of child prostitution and human trafficking, and the treatment of families and First Nations by police.


This is made all the more problematic by the fact that the draft Terms of Reference specifically directs the Commissioners NOT to investigate anything that could interfere with ongoing investigations – which would include cold cases not touched for over 20 years. Even more shocking is that Commissioners are instructed to send Indigenous families back to the same police forces that abused them, mistreated them or discriminated against them in the first place. Offering “navigators” akin to native court workers to help families deal with police processes is no replacement for a fulsome investigation of police failures and abuses, or the elimination of discriminatory police processes.


Even if one could argue that the current Terms of Reference does not need a specific mandate to review legislation, policies and oversight processes relating to policing and the justice system, the commissioners’ inability to compel police, their notes, or other police-held evidence under current laws and policies would make this implied power useless. These laws have resulted in a high impunity rate for police. If police officers who murdered unarmed racialized men in front of witnesses and on video can’t be compelled to cooperate with their own legislated Special Investigations Unit or share their notes and other evidence, what makes Trudeau think that some non-specific wording in the Terms of Reference will be able to do so? Canada is once again asking us to have faith in justice processes that protect police and harm Indigenous peoples. That is not what trust and partnership is about.


But Trudeau doesn’t have to take my word for it. Minister Bennett’s own report on the engagement sessions noted that not only should the inquiry be done in a human rights framework, but that the inquiry must address law enforcement – over and above systemic issues within the justice system. Families and experts from all over Canada said they want police accountability, independent reviews of cases, analysis of police racialized and sexualized conduct towards Indigenous women and girls, and the sexual exploitations of Indigenous women and girls.


Trudeau himself promised that the national inquiry would investigate “uncomfortable truths” and seek concrete actions related specifically to law enforcement. While the uncomfortable truth about police racism and sexualized violence, abuse and corruption has been in the public eye lately through media exposing the extensive nature of police abuses - Indigenous peoples have long known about this problem. We need this national inquiry to shine a light on this dark and uncomfortable truth for all to see, so we can put an end to it.

Prime Minister Trudeau, you made a promise to us. It’s up to you to force your Ministers to fulfill that promise. Convene a table this week so that Indigenous peoples can jointly draft the Terms of Reference and pick the Commissioners. Nothing less will live up to your Nation-to-Nation commitment. It’s never too late.

Additional resources:



 

 

 

Tuesday, March 22, 2016

PM Trudeau's Nation to Nation Relationship Disppeared with Empty Budget Promises


(picture from Google Images & Huffington Post)
 
Prime Minister Justin Trudeau won the hearts of many Canadians by finally getting rid of Stephen Harper and his decade of oppression, violation of civil rights and vilification of First Nations. Most breathed a sigh of relief on October 20th, 2015 when newly elected Trudeau talked about changing everything in Canada. He gave moving speeches about Canada’s shameful history with Indigenous peoples and committed to implementing all the calls to action from the Truth and Reconciliation Commission (TRC). Trudeau promised to start this process by implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)  and respecting the right of First Nations to say no to development on their territories. Most significant were his promises to renew the nation to nation relationship between Canada and First Nations which would be guided by the spirit and intent of treaties and that respected constitutionally-protected Aboriginal and treaty rights, inherent rights and First Nation jurisdictions. Today’s budget saw these promises evaporate into thin air only to be replaced by an under-funded program and service agenda.

Today is a very difficult day for many Canadians. They are being asked to celebrate a budget which is being promoted as “historic” not just by Trudeau and the majority of journalists and commentators in main stream media, but even by the Assembly of First Nations (AFN) National Chief Perry Bellegarde. Canadians are faced with two major obstacles to understanding this budget: (1) trying to figure out which numbers are accurate and (2) assessing those numbers in their proper context. First, it’s important to note that Trudeau’s budget plays a shell game on the actual funding commitment during his 4 year (now 3.5 year) mandate. As we all know, monies promised for future mandates are not monies at all. This budget promised $8.4 billion to First Nations, but is in fact, less than $5.3 billion.
 
ITEM
BUDGET 2016
ACTUAL $
(within mandate)
BUDGET vs ACTUAL
TOTAL
 
$8.4B
$5.3B
-$3.10B
First Nation
Education
$2.6B
$1.15B
-$1.45B
FN  
Infrastructure
$3.5B
$2.44B
-$1.06B
Other  
Programs
$1.1B
$706M
-$705M

So, in actual fact, Trudeau is only offering $5.3 billion in the next 3 budget years. The $2.6 billion he promised First Nations is really only $1.15B. He failed to deliver on his own election promise to First Nations. Now, he made sure to blame it on the Conservatives prior to the budget being released, but the failure is ultimately his. Still, without the proper context, many Canadians may think that billions of dollars is a lot of money. The chart below takes only a few examples and shows just how abysmally small this “historic” budget is in reality.

ITEM
NEED
BUDGET
NEED vs Budget
FN Housing
on Reserve
$20B
$550M
-$19.45B
FN Water
& sewer
$18B
$618M
-$15.4B
FN Education
k-12
$20B
$1.15B
-$18.85B
Indigenous
Languages
$8B
$5M
-$7.95B
National Inquiry
MMIW
$100M
$40M
-$60M

 Where did I come with the $20 billion for First Nation housing? Indigenous and Northern Affairs Canada (INAC)’s own internal report noted that the housing needs for the 63 First Nations in Manitoba would cost $2 billion. Since Manitoba First Nations represent only 10% of all First Nations, the national cost to address the housing crisis would be closer to $20 billion give or take a few dollars. In First Nation education, the 2% funding cap imposed by the former Liberal government created a cumulative deficit of over $20 billion. This means First Nations are more than $20 billion behind the starting line when it comes to infrastructure (schools), staff, training, materials, curriculum development, etc. That doesn’t include extra costs for post-secondary education which has created a waiting list of thousands of First Nation students. Yet, there was no budget line for post-secondary education – instead there was only a promise that Trudeau’s government would work with students, parents, educators and Indigenous groups to “explore” future options.

First Nation water and sewer should have been an easy budget line to address since there are already independent studies on what the actual costs are to address the crisis. The last report said it would cost almost $6 billion to fix the current water and sewer stock with an additional $2 billion for operation and maintenance needed over the next 4 years. Add to this a conservative estimate of $10 billion to add new water and sewer infrastructure that will be needed to service all the new houses needed in First Nations and you get a rough number of $18 billion. As anyone knows, the longer houses, water, sewer or any infrastructure system is left without maintenance and service, the worse it deteriorates, costing more to fix.

The commitment to protect and support Indigenous languages is one of the most shocking lines in this budget. The TRC report recommended substantial support to revive and protect Indigenous languages since they are only endangered because of Canada’s purposeful attempts to wipe out our languages in various assimilation policies including residential schools. I made a conservative estimate of the cost based on what is currently spent on protecting the French language in Canada – approximately $2.4 billion annually. Given that there are approximately 53 Indigenous languages spread out over 10 provinces and 3 territories, and given that the majority of these languages are in critical states nearing extinction, much more intervention would be needed up front to save them. Thus, $20 billion over 3 years would provide enough up front funding to create immersion programs on reserve, develop or expand curriculum, and hire and train staff. This is a massive undertaking which is no less important than protecting French language and is an essential part of real reconciliation.

It’s hard to believe that Trudeau would not at least ensure that the budget line for First Nation child and family services was consistent with the costs noted in the Canadian Human Rights Tribunal in the child welfare case it lost. An increase of $200 million is needed annually just to get child welfare funding for First Nations children somewhere close to provincial levels of funding. Yet the budget shows a mere $71 million for next year and $99 the year after. These levels are nowhere near what are needed to address the crisis of First Nations children in foster care. In Manitoba alone, 90% of all kids in care are Indigenous with one baby taken away from its mother every day on average. Nationally, despite being on 4% of the population, Indigenous kids represent about half of all kids in care. Sadly, it looks like Cindy Blackstock’s fight for justice for our kids is not over.

Even the amount set aside for a national inquiry into murdered and missing Indigenous women and girls pales in comparison to the costs of past inquiries. But we also have to realize that not all of the $5.3 billion is even going to go to First Nations. A large percentage is set to go to INAC, DFO, CMHC, NEB*, various political organizations and even former Liberal Prime Minister Paul Martin. So once again, the bureaucracy will benefit first. Also, due to the length of this blog, it couldn’t include any analysis of the funding deficiencies for Indigenous peoples living off-reserve or the Inuit in the north – which would only compound the grossly under-funded budget presented. There are just too many budget items to go through in the space of one blog. However, there are some glaring omissions that have to be highlighted.

ITEM
BUDGET
Implement TRC
Calls to Action
$0
Implement UNDRIP
Provisions
$0
Negotiate Nation to Nation
Relationship structure
$0
Implement Aboriginal &
Treaty Rights
$0
Review and repeal all legislation
enacted without consultation
during Harper decade
$0

All of the above were unequivocal election promises that were re-affirmed after Trudeau’s successful election, in his speech to the Special Chiefs Assembly. He told APTN in one definitive word that First Nations' right to veto a project on their land was absolute. His promise to change everything about the status quo that is currently killing our people was based on a renewed nation to nation relationship. Not only did he back away from supporting a First Nation’s right to say no to development, with this budget so too does the nation to nation relationship disappear. There are no real funds set aside to support this foundational promise and his words say it all.

Nowhere in the budget document does he refer to this “nation to nation” relationship, but instead refers to a renewed relationship with “Canada’s” Indigenous people aimed at “unifying Canada” and ensuring participation of Indigenous people in the economy. Throughout the document we have been downgraded from Nations to people, groups, communities and stakeholders. There is no mention of UNDRIP, TRC, or free informed and prior consent. There is no mention of the “sacred” constitutionally-protected Aboriginal and treaty rights in need of implementation. In fact, the nation to nation relationship based on free informed and prior consent turned into a "partnership" based on "consultation, and where appropriate, accommodation". We are back to square one: letting courts determine the relationship.

If you are the kind that is ok with endless "first steps" or "its a start" or believe "every dollar counts" or "something is better than nothing" or "we better take what we can get" - then I'm sure the budget works for you. However, I think our children deserve better than this. I think reconciliation envisions far more than this. If we don’t use our collective power as Indigenous Nations and allied Canadians to set this government back on track, we risk another lost decade and many more lost lives.

I think I can definitively say the honeymoon is over. Time to snap back to reality and stop being distracted by the shiny beads and trinkets contained in all the flowery speeches and smiling photo ops.

The health of our planet and future generations depends on us taking our role as the real governing power seriously. We need to hold this government accountable for its commitments and hold ourselves accountable to act and speak honestly. This budget is crap and we all deserve better.

*Note:
INAC = Indigenous and Northern Affairs Canada
DFO = Department of Fisheries and Oceans
CMHC = Canada Mortgage and Housing Corp
NEB = National Energy Board
 
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