Learning from the Millennium Development Goals and leaving no one behind
The United Nations (UN) Sustainable Development Goals (SDGs) and Post-2015 Development Agenda aspire to “leave no one behind.” The Indigenous Peoples Major Group (IPMG), however, notes with concern that many references to “indigenous peoples” were deleted in the final Outcome Document of the Open-ended Working Group on the SDGs (OWG) to be considered for adoption by the UN General Assembly. The near “invisibility” of indigenous peoples in the current draft of the SDGs poses a serious risk of repeating their negative experiences with national development processes and efforts to achieve the Millennium Development Goals (MDGs), as well as further marginalization in the Post-2015 Development Agenda. With the full and effective participation of indigenous peoples, the new SDGs could present a unique opportunity to not only the remedy shortcomings of the MDG process, but also historic injustices resulting from racism, discrimination, and inequalities long suffered by indigenous peoples around the world.
The failure to recognize indigenous peoples as distinct groups under the MDGs resulted in the absence of targeted measures to address their specific situations related to poverty and severely limited the realization of favourable outcomes. Furthermore, culturally blind implementation of the MDGs resulted in inappropriate development programmes for indigenous peoples including discriminatory actions related to education, health and basic services. If the world community truly aspires to leave no one behind, it is critical that these gaps be recognized and addressed moving forward. UN Member states and the UN system must fulfill their previous commitments to Indigenous Peoples whose needs must be centrally situated within the SDGs and the Post-2015 Development Agenda.
Respecting commitments from Rio+20 and the World Conference on Indigenous Peoples
The UN General Assembly has adopted important guiding principles and commitments in support of indigenous peoples and sustainable development arising from the Rio+20 Conference on Sustainable Development and the 2014 High-Level Plenary Meeting of the General Assembly known as the World Conference on Indigenous Peoples (WCIP).[1] The Rio+20 outcome document “The Future We Want”, at paragraph 49, recognizes:
“the importance of the participation of indigenous peoples in the achievement of sustainable development”and “the importance of the United Nations Declaration on the Rights of Indigenous Peoples in the context of global, regional, national and sub-national implementation of sustainable development strategies.”
The WCIP adopted an action oriented outcome document aimed at implementing the principles set forth in the UN Declaration on the Rights of Indigenous Peoples, affirming that:
“indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development.” (Para. 33)
The WCIP also committed to “giving due consideration to all the rights of indigenous peoples in the elaboration of the post-2015 development agenda.” (Para.37)
Consistent with the rights of indigenous peoples and their valuable contributions towards achieving sustainable development for all, these outcomes represent commitments that must be strongly reflected in the SDGs and the final Post-2015 Development Agenda.
KEY CROSS-CUTTING ISSUES
The Indigenous Peoples Major Group (IPMG) highlights the following key issues to beaddressed in the negotiations of the SDGs and the Post-2015 Development Agenda.
Universality Underpinned by Diversity
An outstanding challenge for the Post-2015 Development Agenda is upholding universality whilst recognizing and addressing the needs of specific peoples and persons facing structural disadvantages due to gender, age, race, ethnicity, nationality migratory status, disability, geographic location and other characteristics. Respect for human rights and social inclusion requires the promotion of equality and non-discrimination by acknowledging social differences and cultural diversity and addressing these appropriately in different national contexts.
Generalized national averages on extreme poverty and the use of one-size fits all terms such as “vulnerable groups” cannot continue to institutionalize the invisibility of indigenous peoples within development frameworks. These trends fail to recognize the distinct cultural identities and political status of indigenous peoples who are rights-holders and recognized agents of change. The prevailing use of the term “vulnerable groups” to encompass the diverse situations of indigenous peoples within the SDGs and related processes undermines their legal standing as subjects of international law, as well as their own self-identification as indigenous peoples, a rights which is upheld by the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
Universal goals require specific targets, indicators, and appropriate special measures to address indigenous peoples’ distinct needs in the development process so as to overcome historic structural inequalities and ongoing risks of human rights violations. This is true for indigenous peoples living in both developed and developing countries. Effective implementation of universal goals means being mindful of national contexts whilst respecting cultural diversity. Inasmuch as biological diversity underpins the resilience of ecosystems, cultural diversity of social systems and institutions underpins social resilience for sustainable development. This holds true for legal systems and legal pluralism including respect and recognition of customary law; diverse health traditions including traditional healing and medicines; diverse educationalinstitutions including transmission of cultural traditions; as well as diverse local economies and traditional livelihoods as countervailing alternatives to economic globalization.
Different peoples and societies have diverse cultural and spiritual views of sustainability, including conceptualizations of poverty, well-being and sustainable development, requiring culturally relevant indicators. Non-economic and non-monetary measures of well-being are important in promoting a holistic understanding of sustainable development. The financial measure of $1.25/day for extreme poverty is inappropriate for indigenous peoples, for whom security of rights to lands, territories and resources is essential for poverty eradication.
Monitoring their situation and making them visible in national statistics requires the inclusion of cultural identifiers in national census and population data, and disaggregated data to capture the situation of indigenous peoples. Indicators relevant for indigenous peoples need to be identified with their full and meaningful participation. Community-based monitoring and information systems can complement national monitoring of progress in the implementation of the SDGs as well as supporting local sustainable development plans and the implementation of special measures.
Upholding Indigenous Peoples Rights and Visions of Sustainable Development
Historical and continuing colonization and institutionalized racism have made indigenous peoples vulnerable in mainstream development processes in both developed and developing countries. Most indicators of well-being demonstrate that indigenous peoples are disadvantaged compared to other populations in all countries where they live. The Post-2015 Development Agenda must heed the advice of UN mandate holders and experts on indigenous peoples issues to address their distinct circumstances by upholding their rights to determine their own visions of sustainable development.
Indigenous peoples consider culture a foundational and a transformative dimension of sustainable development – understanding that diverse cultural values and spiritual traditions shape relations with nature. Other key messages and demands of indigenous peoples include:
Implementation of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), including the right to free, prior, informed consent (FPIC);
Recognition of diverse local economies, customary resource management and sustainable use practices, and traditional occupations as central to economic development and decent work;
Securing the lands, territories and resources of indigenous peoples against extractive industries, predatory investments, and development aggression; and
The recognition of indigenous and traditional knowledge on an equal footing with science and other knowledge systems for 21st century solutions to contemporary crises
Number of governments adopting FPIC policies or laws or regulations
Compliance with international human rights standards on consultations and FPIC with indigenous peoples on policies, programmes and projects which may affect them
Number of conflicts, displacement and relocation resulting from non-compliance with international human rights standards on consultation and FPIC
Number of constructive agreements resulting from FPIC
The IPMG emphasizes that environmental and social safeguards must be in place to address risks imposed on Indigenous Peoples by development, environment and climate change programmes and projects consistent with established obligations in the UNDRIP,
ILO Convention No. 169, and commitments made under the Convention on BiologicalDiversity (CBD) and the UN Framework Convention on Climate Change (UNFCCC).Safeguards must establish policies and procedures to prevent further risks of social,cultural, environmental damage, protect human rights and provide access to justice and redress mechanisms.
Valuing Contributions of Indigenous Peoples to Sustainable Development
Whilst acknowledging that indigenous peoples are among the most vulnerable and marginalized groups, they are also active participants and partners who are making important contributions to sustainable development. Indigenous peoples are identified as custodians of many of the world's most biologically diverse areas and verifiably hold a wealth of traditional knowledge, innovations and practices on ecosystem management and technologies, traditional health systems and medicinal plants; agricultural production and food systems, local crops and seeds. While these realities are increasingly recognized among mainstream sectors, indigenous peoples seldom share in the benefits of the commercialization of their knowledge. Indigenous peoples, including indigenous women, have a proven track record of responsible management of natural resources in forests, deserts, tundra, and small islands. Their contributions to sustainable development should not only be recognized and respected, but whenever possible, celebrated as models of good practices that have a huge potential to benefit all mankind.
United Nations Secretary General Ban Ki-moon’s Synthesis Report
The recent Synthesis Report by United Nations (UN) Secretary General Ban Ki-moon also affirms that UN SDGs and Post-2015 Development Agenda should “leave no one behind.” The IPMG welcomes the Synthesis Report and appreciates the recognition that “people are at the center of sustainable development. Further, the IPMG commends the report’s call for genuine commitment “to work together to promote sustained and inclusive economic growth, social development and environmental protection and thereby to benefit all, as well as its overall commitment toward implementation through a human rights based approach to development. The Synthesis Report also affirms that the “meaningful participation” of essential actors, new partnerships, and key constituencies are critical for a true, transformative agenda (para. 7, 23, 61).
The IPMG welcomes the report’s various references to indigenous peoples, however; a specific reference to Major Groups would have also been welcomed as the “Major Groups and other stakeholders” participatory framework has proven to be successful during the UN Commission on Sustainable Development and the OWG. Additionally, the Synthesis Report defines “six essential elements” to help “frame and reinforce the universal, integrated and transformative nature of a sustainable development agenda and ensure that the ambition expressed by Member States in the outcome document of the Open Working Group (OWG) translates, communicates, and is delivered at the country level (para. 66). In this regard, the Synthesis Reports’ explanatory narrative is appreciated, however; based on the invisibility of indigenous peoples in the MDGs, the IPMG remains concerned that goals and targets will be addressed in silos, rather than viewed holistically.
The development of indicators remains a critical entry point for the full and meaningful participation of indigenous peoples in the Post-2015 Development Agenda. The IPMG welcomes the Secretary General’s action-oriented approach that suggests ”Member States may decide to task the United Nations System, in consultation with other relevant experts and through a multi-stakeholder dialogue, to develop a draft set of indicators” (para 139). The IPMG is concerned, however, with the time-frame for the development these indicators, the lack of clarity over what UN agencies and experts will be involved, and how indigenous peoples can input directly into indicator development. The IPMG has developed and recommends specific indicators, for example, that can significantly contribute to this process.
RECOMMENDATIONS:
Based on the analysis of the OWG outcome document and its seventeen proposed sustainable development goals, the Indigenous Peoples Major Group (IPMG) has identified six key themes, as well as various targets and indicators for inclusion in the SDGs/Post-2015 Development Agenda. The key themes are clustered as follows:
1.) Disaggregation of data; 2.) Lands, territories and resources (LTR); 3.) Free Prior and Informed Consent (FPIC); 4.) Special Measures; 5.) Access to justice and redress mechanisms; 6.) Participation and representation in decision-making and relevant bodies.
Disaggregation of data
One of the main concerns of indigenous peoples with regards to implementation and monitoring of MDGs was the lack of disaggregated data specifically addressing indigenous peoples. As a result, indigenous peoples were invisible and absent in national reports and data collections. So as not to repeat the mistakes of the MDGs it is of vital importance to: 1) disaggregate data for every SDG by including indigenous identifiers in national data censuses,household surveys and other data gathering efforts; 2) to cross-reference WCIP commitments on data disaggregation with the SDGs document; 3) include existing indicators based on gender, age and ethnicity, etc.; 4) disaggregation to focus on education, health, basic social services, agriculture and labor statistics, etc., including traditional occupations and etc.
With this in mind, the IPMG recommends: the recognition and inclusion of community-based monitoring data collection and reports by the UN and national governments and to include indigenous peoples identifiers in administrative registers.
Lands, territories and resources
Lands, territories and resources (LTR) is another key theme for indigenous peoples world-wide as their basic survival depends on access to LTR. Unfortunately, indigenous peoples’ right to own, manage or control their LTR is not adequately reflected in the newly developed SDGs. Forests, rangelands, bodies of water, and related natural resources worldwide are often held and managed by indigenous peoples whose rights are recognized by International Human Rights Law and Instruments, including the UN Declaration on the Rights of Indigenous Peoples and the ILO Convention No. 169. The SDGs and the Post-2015 Development Agenda should strengthen rather weaken indigenous peoples’ land tenure systems, which will be vital in achieving poverty eradication (Goal 1), sustainable agriculture (Goal 2), and the protection and restoration of ecosystems and biodiversity (Goal 15)[2]
The IPMG recommends the following:
-Include the language in Target 1.4 that provides legal recognition of collective land rights ofindigenous peoples and local communities under goal 1 on poverty eradication.
1.4.: 1) Proportion (area) of collective lands under the tenure of indigenous peoples and local communities that is legally recognized, secure, documented and protected and guarantees equitable access and use to women and men; 2) Number of laws, executive orders, policies and territorial maps which recognize indigenous peoples’ rights to lands, territories and resources in accordance with the international law [can also be applied to 12.2]; 3) Land use change on indigenous peoples’ territories (CBD indicator), 4) % of land owned and controlled by indigenous peoples,5) Number of indigenous peoples living on those lands.
1.5: 1) Percentage change in GDP derived from the use of common land and natural resources by women and men who are members of indigenous peoples and local communities.; 2) Percentage and distribution of benefits derived from the use of common land, natural resources, and ecosystem services retained by the women and men who are members of indigenous peoples with tenure over those resources.
14.2: 1) Number of marine and coastal ecosystems sustainably managed by indigenous peoples; 2) Number of government policies recognizing indigenous peoples’ rights to marine and coastal ecosystems developed in consultation with indigenous peoples; 3) Number of government policies recognizing indigenous peoples’ livelihoods in marine and coastal ecosystems developed in consultation with indigenous peoples.
15.1: Percentage of lands, territories and resources sustainably used and managed by indigenous peoples.
Free Prior and Informed Consent (FPIC)
Free Prior and Informed Consent (FPIC) is critical for the sustainable development for indigenous peoples and is a prerequisite for any development projects occurring on indigenous lands. During the OWG process, specifically during the July session, the IPMG regretted to observe FPIC moving from the proposed Goal on biodiversity to the Goal on “means of implementation,” and then disappear from the document all together. It is important to note that FPIC a commitment recognized by governments in the outcome document of the WCIP in paragraphs 3 and 20.
With this in mind, the IPMG recommends inclusion of a specific Target under Goal 17 on means of implementation “to consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources” [WCIP commitment, paragraph 20]. The IPMG also proposes the following indicators relevant to the recommended inclusion of a specific Target under Goal 17:
The IPMG also calls for inclusion of FPIC indicators under goals 6, 9, 11, and 16.
6.5 and/or 6b: Extent of indigenous peoples participation based on FPIC in all phases of development of water-related resources at all levels
9.1 and/or 9.a: Consultations with indigenous peoples and participation in decision-making in regards to infrastructure development based on FPIC
11.1: Number of incidences of displacement and relocation of indigenous peoples without FPIC
16.7: Number of policies that recognize the duty to consult and cooperate in good faith with indigenous peoples in order to obtain their FPIC before adopting and implementing legislative or administrative measures that may affect them. [WCIP commitment, paragraph 3]
Special Measures
To achieve the universality of the goals requires appropriate special measures in order to address indigenous peoples’ distinct needs and to overcome historic disadvantages and continuing human rights violations. Examples of “special measures” include access to culturally appropriate, bi-lingual education leading to ability to read and speak in mother tongue, targeted interventions to overcome poverty, build capacity of indigenous women, combat child labor, protect traditional livelihoods and health practices. The establishment of safeguard mechanisms also constitutesspecial measures, which are necessary to ensure substantial equality for indigenous peoples.
The IPMG recommends the following indicators, to help ensure that the particular needs of indigenous peoples are addressed via Special Measures:
Goal 1. End poverty in all its forms everywhere:
1.1.: 1) Existence of special measures to overcome poverty of vulnerable groups including women, children, indigenous peoples, ... within national poverty reduction measures
1.2: 1) Multidimensional Poverty Index (MPI) disaggregated by sex with break down by age, children, unemployed, persons with disabilities, pregnant women/new-borns, indigenous peoples and other disadvantaged groups.; 2) Proportion of population living below national poverty line, disaggregated by sex with break down by children, unemployed, old age, persons with disabilities, pregnant women/newborns, members of indigenous peoples, and other disadvantaged groups.
1.3.: 1) Percentage of population covered by social protection floors/systems, disaggregated by sex with breakdown by age, persons with disabilities, indigenous peoples and local communities.
1.4.: 1) Percentage of women and men with secure rights to land, measured by (i) percentage with documented rights to land, and (ii) percentage who do not fear arbitrary dispossession of land (proposed SDG indicator); 2) Title deeds or other binding agreements in recognition of indigenous peoples' collective rights to lands or territories; 3) Status and trends in traditional occupations (CBD indicator)
1. b 1) Number of national action plans, strategies or other measures to achieve the ends of the UNDRIP developed in consultation with Indigenous Peoples [WCIP commitment, paragraph 8]
1.5:. Percentage of people living in or within x distance to uncontrolled dumpsites and other “hot spots” emitting and releasing hazardous chemicals by sex with a breakdown by children, pregnant women/newborns, unemployed, persons with disabilities, members of indigenous peoples.
Goal 2. End hunger, achieve food security and improved nutrition and promote sustainable agriculture:
2.1: Consumption of diverse locally-produced food (Biodiversity International, resilience indicator)
2.3: 1) Status and trends in traditional occupations (CBD indicator); 2) percentage of women and men with secure rights to land (proposed SDG indicator); 3) Area of land legally recognizedunder the tenure of indigenous peoples and local communities (ILC, OXFAM, etc); 4) Recognition of customary tenure regimes within national legal frameworks in line with international human rights standards and the Committee on World Food Security's Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests.
Goal 3. Ensure healthy lives and promote well-being for all at all ages:! 3.8.: Existence of regulatory provisions allowing access of indigenous peoples and local communities to traditional health practices, medicine and knowledge. [WCIP commitment, paragraph 11 and 12]
Goal 4. Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all:
4.1: 1) Special measures to ensure equal access to high quality culturally relevant and accessible education for indigenous peoples within the national education strategies [WCIP commitment, paragraph 11]; 2) Proportion of young adults (18-24) who are literate in their indigenous language; 3) Special measures to train bilingual indigenous teachers; 4) Recognition of the right to learn in mother tongue; 5) Diversification of curriculum in accordance with cultural and linguistics characteristics within the national education framework
4.5: 1) Availability of school materials in indigenous languages; 2) Accessible school infrastructure for vulnerable groups including nomadic groups and indigenous peoples
Goal 5. Achieve gender equality and empower all women and girls:
5.5: 1) Number of special measures or programs to promote capacity building and strengthen leadership of indigenous women [WCIP commitment, paragraph 17]; 2) Percentage of seats held by indigenous women in national parliament and/or subnational elected office according to their share in the population
Goal 6: Ensure availability and sustainable management of water and sanitation for all:
6.3: presence of contaminants from extractive industries and other sources in water on indigenous peoples’ lands and territories
6.b: policies in places to support and strengthen the participation of indigenous peoples for improving water and sanitation management
Goal 7: Ensure access to affordable, reliable, sustainable and modern energy for all:
7.1: Appropriate environmental and social safeguards, in accordance with international standards on indigenous peoples’ rights and in all phases and levels of energy development projects
7.a: Number of new alternative energy initiatives carried out in collaboration with indigenous peoples.
Goal 8. Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all:
8.5: Existence of legal or regulatory frameworks to protect local economies and traditional livelihoods/occupations including subsistence livelihoods]
8.9: # of jobs and livelihoods created for indigenous peoples through development of sustainable tourism
8.10: Ratio/or percentage of indigenous peoples and other disadvantaged groups, disaggregated by sex, accessing appropriate financial services
Goal 9. Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation:
9.1: Appropriate environmental and social safeguards, in accordance with international standards on indigenous peoples’ rights, in all phases and levels of infrastructure development projects
10.2 by 2030 empower and promote the social, economic and political inclusion of all irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status; 2) Measure the progressive reduction of inequality gaps over time, disaggregated by age, sex, disability, race, ethnicity, origin, religion or economic or other status for selected social, economic, political and environmental SDG targets; 3) Proportion of seats in national and local government held by relevant social groups and indigenous peoples, disaggregated by sex and according to their share in the population (modified MDG indicator, proposed SDG indicator)
10.3: Percentage of indigenous peoples and other disadvantaged groups reporting perceived existence of discrimination based on all grounds of discrimination prohibited by international human rights law
Goal 11. Make cities and human settlements inclusive, safe, resilient and sustainable:
11.1: 1) number of appropriate human settlement provided to indigenous peoples; 3) proportion or level of participation of indigenous peoples in planning and management
11.3: number of plans and level of indigenous peoples participation
11.4.: Provision of access for indigenous peoples to their religious and cultural sites and access to and repatriation of their ceremonial objects and human remains [WCIP commitment, paragraph 27]
Goal 12. Ensure sustainable consumption and production patterns:
12.4 – 1) number of policies prohibiting waste disposal in indigenous peoples’ territories;
12.b – 1) % jobs created to promote local culture and products
Goal 13. Take urgent action to combat climate change and its impacts:
13.1: 1) use of strategies based on traditional knowledge of indigenous peoples to strengthen resilience and adaptive capacity to impacts of climate change and natural disasters [WCIP commitment, paragraph 36];
13.3: 1) number of education programs and awareness raising campaigns specifically targeting indigenous peoples; 2) number of capacity building programs on climate change targeting indigenous peoples;
13.b: 1) representation of indigenous peoples in climate change related offices and high level meetings.
Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels:
16.6: 1) Existence of special measures to strengthen capacity of indigenous peoples’ representative institutions; 2) existence and capacity of NHRI to reach out to vulnerable groups such as indigenous peoples; 3) institutional mechanisms and procedures for consultation with indigenous peoples, in accordance with international standards.
Access to justice and redress mechanisms
The IPMG recommends a target on access to justice and redress mechanisms that is specific to indigenous peoples. With instances of harassment and displacement of indigenous peoples, militarization of indigenous peoples’ lands and territories, and criminalization of indigenous movements and activists around the world it is especially important to have a safeguard mechanism that would ensure access to justice and redress for indigenous peoples. Indigenous territories and lands are increasingly becoming the targets of invasion for the purposes of resource extraction and militarization, leading to violence and armed conflicts, displacement, human rights violations and, in some cases, genocide. Discrimination and violence against indigenous women and girls, in particular, are among the worst and most pervasive forms of human rights violations perpetrated against indigenous peoples as a result of armed conflicts. Ending militarization and initiating processes to demilitarize the lands, territories, waters and oceans of indigenous peoples and to end, not least, the violence against indigenous women and girls, must form part of the SDG framework. With this in mind, the IPMG recommends the following target and indicators:
Target within Goal 16: Recognition of legal plurality and customary laws of indigenous peoples and access of indigenous peoples to redress mechanisms. Indicators: 1) Capacity building for legal practitioners on customary laws; 2) Number of governments recognizing customary laws
16.3: Existence of procedures to delineate competencies and resolve conflicts between customary and statutory law [WCIP commitment, paragraph 16, also UNDRIP, article 40]
16.4: Availability of training programs for customary law authorities on international human rights standards
16.5: Existence of the right to access to translation in legal proceedings recognized in national constitutions or other forms of superior or domestic law
Participation and representation in decision-making and relevant bodies
Participation and representation in decision-making and relevant bodies is yet another critical domain and a prerequisite for Indigenous Peoples self-determined development. Nation states should recognize and ensure full and effective participation of indigenous peoples in all decisions that would affect their lands, territories, and resources, their cultural expressions and identities, traditional livelihoods, and etc.
The IPMG recommends the following indicators:
6.b: number of policies that support and strengthen the participation of indigenous peoples for improving water and sanitation management (also under special measures)
13.b: 1) percentage of indigenous peoples representatives in climate change related offices and high level meetings (also under climate change).16.7: 1. Provisions for direct participation of indigenous peoples’ elected representatives in legislative and elected bodies; 2. Recognition in the national legal framework of the duty to consult with indigenous peoples before adopting or implementing legislative or administrative measures that may affect them [WCIP commitment, paragraph 3]
ANNEX 1! A/RES/66/288 - The Future We Want
http://www.uncsd2012.org/thefuturewewant.html
OUTCOME DOCUMENT OF THE WORLD CONFERENCE ON INDIGENOUS PEOPLES! A/RES/69/2http://www.un.org/en/ga/69/meetings/indigenous/documents.shtml
Paragraphs 33; 37
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