Refered to henceforth as the OAU Convention. Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa as well as other human rights instruments, and has in so doing, assumed certain obligations to receive and treat in its territory refugees in accordance 175. The 1969 Refugee Convention has made some significant advances from the 1951 Refugee Convention. 3 African Convention Governing the Specific Aspects of Refugee problems in Africa ('OAU Refu-gee Convention'), adopted by the Assembly of Heads of State and Government at its Sixth Ordinary Convention Relating to the Status of Refugees (28 July 1951), United Nations Treaty Series (UNTS), 189: 137; Protocol Relating to the Status of Refugees (31 ⦠The cornerstone of the 1951 Convention is the principle of non-refoulement contained in Article 33. See, for instance, Article VIII of the OAU Convention (n. 9). Document Type: Reports and Policy Papers. OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, adopted by the Assembly of Heads of State and Government at its Sixth Ordinary Session, Addis-Ababa, 10 September 1969. Refugee Law in India: The Road from Ambiguity to Protection. The United Nations Convention Relating to the Status of Refugees (commonly known as the Refugee Convention) is the main international legal document relating to refugee protection. Document Type: Reports and Policy Papers. The paper will then scrutinize the OAU refugee definition, 28 Paul Weis, The Convention of the Organisation of African Unity Governing the Specific Aspects of Refugee Problems in Africa, MHCR/111/70, Reprint from Revue des Droits de 1'Homme/Human Rights Journal, No.3, 1970. Learning from the Convention Governing the Specific Aspects of the Refugee Problem in Africa (OAU Convention, 1969) Consider the 1969 OAU Convention, which has 46 signatories in Africa. The 1951 Refugee Convention was drawn up in the wake of World War II to protect Europeans, who were forced to flee their homes. As its full title makes clear, the 1969 Convention is intended to deal with those aspects of the refugee problem that are particular to Africa and are not adequately addressed by the 1951 Refugee Convention. STATES PARTIES TO THE OAU CONVENTION GOVERNING THE SPECIFIC ASPECTS OF REFUGEE PROBLEMS IN AFRICA OF 10 SEPTEMBER 1969 Date of entry into force: 20 June 1974. It is hoped that many of these views will feed into the 11 December pre-Ministerial meeting, as well as the Ministerial meeting commemorating the 50th anniversary of the Convention on 12 and 13 December 2001, in Geneva, Switzerland. The 1969 OAU Refugee Convention also addresses responsibility sharing, an issue that has now gained global prominence with the affirmation of the Global Compact on Refugees (GCR) in the UN General Assembly in December 2018. As a regional complement of the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol, the 1969 OAU Convention has been a strong pillar for refugee protection and solutions in Africa. Adopted in a context of decolonization struggles across the continent, the 1969 OAU Refugee Convention is considered the most generous and flexible international agreement on refugee protection. Organization of African Unity (OAU). This chapter contributes to an understanding of the African regional refugee protection instrument - the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. Refugees include individuals recognized under the 1951 UN Convention/1967 Protocol, the 1969 OAU Convention, in accordance with the United Nations High Commissioner for Refugees (UNHCR) Statute, persons granted a complementary form of protection and those granted temporary protection. Places/dates of conclusion. CAB/LEG/24.3. It defines who is a refugee and outlines the rights of refugees and the legal obligations of states towards refugees and people seeking asylum. STATUS as at 13 March 2001: Signatories: 34. 2 See Nasar Meer and Leslie Villegas, The Impact of COVID-19 on Global Migration , Working Paper Series: the Convention. Organization of African Unity (Now African Union) Convention Governing the Specific Aspects of Refugee Problems in Africa (adopted 10 September 1969, entered into force June 20, 1974), 1001 U.N.T.S. Convention Relating to the Status of Refugees ('Refugee Convention'), 28July 1951, 189 UNTS 137, entered into force 22 Apr. The Organization of African Unity (OAU) was established in 19631 and the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (the OAU Refugee Convention) was enacted in 1969 and came into force in 1974. context with the following background on the 1969 Convention and the general refugee situation in Africa. The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951, is a United Nations multilateral treaty that defines who a refugee is, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. Document Language: English. 30.03.2021. OAU Refugee Convention ⢠Page 1 ⢠African Human Rights Caselaw Analyser 2.0. 2. The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva provides the most comprehensive codification of the rights of refugees yet attempted. It entered into force on 20 June 1974. 150, 152 (entered into force Apr. Organization of African Unity; (d) he has been guilty of acts contrary to the purposes and principles of the United Nations. Kenya is signatory to the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees as well as the 1969 OAU Convention Relating to Specific Aspects of Refugee Problems in Africa.! For example, Article 1 (D) excludes those who at the time of enactment of 1951 Convention were under the protection of UN or its agencies. This chapter analyzes the interpretation and application of the regional refugee definition contained in the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa in the context of individual refugee status determination conducted by ⦠States Parties As at 13 March 2001 Most Recent State Party: C6te divoire 20 April 1998. At the regional level, states in Africa and Latin America have supplemented the universal refugee definition with their own, expanded criteria for refugee status. 3. OAU CONVENTION: Governing the Specific Aspects of Refugee Problems in Africa crimes; (b) he committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) he has been guilty of acts contrary to the purposes and principles of the Organization of African Unity; The OAUâs Convention Governing the Specific Aspects of Refugee Problems in Africa finally came into being in 1969 and was ratified in 1974. INVITES Member States to adhere to the established procedure for determining refugee status in line with both the 1981 UN Convention on Refugees and the 1969 OAU Convention governing the specific aspects of the refugee problem in Africa; 10. The Refugee Convention. The States Parties to the present Protocol undertake to apply articles 2 to 34 inclusive of the Convention to refugees as hereinafter defined. Convention Relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189 UNTS 137 (Refugee Convention) art 33 . 11. The OAUâs Convention Governing the Specific Aspects of Refugee Problems in Africa finally came into being in 1969 and was ratified in 1974. For the purposes of the present Convention, the term "refugee" shall apply to any person who: (1) Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or DW takes a look at why the document is still relevant 65 years on. Considering that the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 (hereinafter referred to as the Convention) covers only those persons who have become refugees as a result of events occurring before I January 1951, Considering that new refugee situations have arisen since the Convention was adopted and Exactly this politicization of international refugee law is ⦠The 1951 Refugee Convention and Protocol. 7 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa Adopted on 10 September 1969 by the Assembly of Heads of State and Government, CAB/LEG/24.3., entered into force on 20 June 1974 (âOAU Conventionâ) 8 Article 3 of the OAU Convention 9 The Constitution of the Republic of South Africa, 1996 For the purposes of this Convention, the Contracting State of Asylum shall determine whether an applicant is a refugee. 3/ "The Refugee Convention" means the Convention Relating to the Status of Refugees done at Geneva on 28 th day of July, 1951,and the Protocol Relating to the Status of Refugees done at New York on 31 st day of January, 1967; 4/ "The OAU Refugee Convention" mean the Organization of African Unity Convention Critically discuss.â. 52 Marina Sharpe was the ï¬rst and remains perhaps the most signiï¬cant continental achievement in the ï¬eld of refugee protection, the drafting and adoption of the 1969 Convention.9 Section four relates to OAU engagement with refugee protection subsequent to Convention Governing The Specific Aspects Of Refugee Problems In Africa. The 1969 OAU Refugee Convention at 50. The 1969 Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa specifically covers people fleeing from âexternal aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of (their) country of origin or nationalityâ (OAU 1969). These grounds were absent in the 1951 Refugee Convention. Note 20. The chapter considers the interrelations between international refugee law (IRL) and international humanitarian law (IHL). In such countries, it is insignificant to determine whether refugees are handled in the best humanitarian approach expected by the UN Convention of Refugees and the OAU Charter as well as the AU refugee policy frameworks. This milestone is an opportunity to review its history, implementation and prospects. 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa. We, the Heads of State and Government assembled in the city of Addis Ababa, from 6-10 September 1969, 1. Organization for African Unity and the Cartagena Declaration, in order to facilitate an analysis of the overlapping regimes with reference to the recent crisis in Rwanda. Countries Signature ⦠This chapter analyzes the interpretation and application of the regional refugee definition contained in the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa in the context of individual refugee status determination conducted by states in Africa. Participant (s) Submitter. George Okoth-Obbo, Thirty Years on: A Legal Review of the 1969 OAU Refugee Convention Governing the Specific Aspects of Refugee Problems in Africa, Refugee Survey Quarterly, Volume 20, Issue 1, January 2001, Pages 79â138, https://doi.org/10.1093/rsq/20.1.79. Cite. 1. Yet, the treaty texts do not address many of the salient This milestone is an opportunity to review its history, implementation and prospects. This will include a brief comparison of the OAU refugee definition to that of the 1951 refugee definition and an evaluation of whether the OAU definition provides for prima-facie or group refugee determination. However, as Marina Sharpe and others have shown, the convention struggled to significantly ameliorate the situation of African refugees across the continent as implementation challenges amounted. Whether internationally or nationally, law does not simply exist but is made by political actors; those involved thus have the power to set standards. OAU, Convention Governing the Specific Aspects of Refugee Problems in Africa, 10 September 1969, 1001 U.N.T.S. Kenya ratified the UN Refugee Convention Relating to the Status of Refugees in 1966 as well as the OAU Convention in 1969, and included a first form of refugee status recognition as âClass Mâ entry permits under the Immigration Act of 1967 . 1001, No. The 1951 Convention contains a number of rights and also highlights the obligations of refugees towards their host country. REGISTRATION: 01 December 1978. 58, 27 June 1981. 20 JUN 2019 / BY TSION TADESSE ABEBE , ALLEHONE ABEBE AND MARINA SHARPE The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa is supplementary to the 1951 United Nations Convention relating to refugees and a landmark in refugee law. THE 1969 OAU CONVENTION GOVERNING THE SPECIFIC ASPECTS OF REFUGEE PROBLEMS IN AFRICA. the OAU Convention and its expanded refugee definition. Convention Governing the Specific Aspects of Refugee Problems in Africa ("OAU Convention") Organization of African Unity (OAU), Convention Governing the Specific Aspects of Refugee Problems in Africa ("OAU Convention"), 10 September 1969, 1001 U.N.T.S. 45, available at: https://www.refworld.org/docid/3ae6b36018.html [accessed 3 May 2021] 137 [hereinafter cited as Convention]. A further 21 states have joined gradually over the years, with South Africa becoming the 53rd member on 23 May 1994. 19. Parties: 48. Refugee Movements in Africa and the OAU Convention on Refugees - Volume 39 Issue 1 Skip to main content Accessibility help We use cookies to distinguish you from other users and to provide you with a better experience on our websites. This Convention shall cease to apply to any refugee if: (a) he has voluntarily re-availed himself of the protection of the country of his nationality, or, (b) having lost his nationality, he has voluntarily reacquired it, or, (c) he has acquired a new nationality, and enjoys the 2. âState Partyâ means any Member State of the Organization of African Unity which has ratified or acceded to this Convention and has deposited its instrument of ratification or accession with the Secretary General of the Organization of African Unity. STATES PARTIES TO THE OAU CONVENTION GOVERNING THE SPECIFIC ASPECTS OF REFUGEE PROBLEMS IN AFRICA OF 10 SEPTEMBER 1969 Date of entry into force: 20 June 1974. 52 Marina Sharpe was the ï¬rst and remains perhaps the most signiï¬cant continental achievement in the ï¬eld of refugee protection, the drafting and adoption of the 1969 Convention.9 Section four relates to OAU engagement with refugee protection subsequent to This will include a brief comparison of the OAU refugee definition to that of the 1951 refugee definition and an evaluation of whether the OAU definition provides for prima-facie or group refugee determination. 1954. The regime is addressed in two parts. Refugee Problems in Africa (OAU Convention). This chapter highlights the African approach to refugees, analysing the regional legal framework anchored by the Organization of African Unity (OAU) Convention. REGISTRATION: 01 December 1978. The Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa, also called the OAU Refugee Convention, or the 1969 Refugee Convention, is regional legal instrument governing refugee protection in Africa. Springer, Aug 8, 2017 - Political Science - 213 pages. 14691); the 1984 Cartagena Declaration on Refugees; and the Treaty on the Functioning of the European Union, article 78, and Charter on the Fundamental Rights of the European Union, article 18. OAU, African Charter on Human and Peoplesâ Rights, 21 I.L.M. The 1969 OAU Convention Governing the Specific aspects of Refugee ⦠The 1969 Convention is the regional legal instrument governing refugee protection in Africa. collaboration between the Organization of African Unity and the Office of the United Nations High Commissioner for Refugees, Have agreed as follows: Article 1 Definition of the term "Refugee" 1. 177. 45, available at: https://www.refworld.org/docid/3ae6b36018.html [accessed 17 June 2021] Disclaimer: This is not a UNHCR publication. those refugees on the basis of the principles of solidarity and burden-sharing; 9. 2.2 Accession to refugee law treaties Botswana is a state party to the 1951 UN Convention on the Status of Refugees (1951 Convention) and its 1967 Protocol,9 as well as the OAU Convention Governing Specific Aspects of Refugee Problems in Africa (OAU Convention).10 Botswana has entered several reservations to the 1951 Convention.11 The first reservation is to article 7 on reciprocity.12 ⦠Cases. 14 Convention⦠III THE 1969 CONVENTION Regional-level work on the issue of refugee protection in Africa began very soon after the Organization of African Unityâs (OAU) 1963 formation, as evidenced by a 1964 resolution of the bodyâs Council of Ministers. al refugee instruments, which applied to specific groups of refugees, the 1951 Convention endorses a single definition of the term ârefugeeâ in Article 1. 12 Conclusion regarding the application of the refugee 19611975 176 concept in various refugee groups in Africa in the period. Description The Convention Relating to the Status of Refugees adopted on July 28, 1951 in Geneva provides the most comprehensive codification of the rights of refugees yet attempted. Place. Parties agree to cooperate with UNHCRâs efforts to ensure that the Refugee Convention is respected The 1969 OAU refugee convention is one of the most widely accepted regional treaties in Africa. : Shuvro Prosun Sarker. The Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa takes into account the read more The OAU Convention was enacted for the receiving countries to set the standard for the treatment of refugees in those countries and did not address itself to events in the country of origin. [3] But in most of Africa these days, refugees are not welcomed with the exuberant sense of solidarity that surrounded the promulgation of the OAU Convention. convention relating to the international status of refugees and stateless persons and, if they consider such a course desirable, draft the text of such a conventionâ. 22, 1954) [hereinafter Refugee Convention]. Nevertheless, since the signing of MoU, the Refugee Convention, and the Additional Protocol a number of pertinent global developments took place, with Egypt incrementally . The 1969 OAU Refugee Convention in the context of individual refugee status determination / Marina Sharpe The Cartagena Declaration on Refugees and the protection of people fleeing armed conflict and other situations of violence in Latin America / Michael Reed-Hurtado The universal refugee definition in Article 1A(2) of the Refugee Convention provides the cornerstone of the international refugee protection regime. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples' Rights and the current and contemplated African human rights courts are examined. 45. 45. Judge (s) sitting. The Refugees Act, 1988 encapsulates the cardinal principles of the two conventions. Article 1C of the 1951 Convention relating to the Status of Refugees (1951 Convention) and Article I.4 of the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Convention) set out a multifaceted framework for termination of refugee status. 3/ "The Refugee Convention" means the Convention Relating to the Status of Refugees done at Geneva on 28 th day of July, 1951,and the Protocol Relating to the Status of Refugees done at New York on 31 st day of January, 1967; 4/ "The OAU Refugee Convention" mean the Organization of African Unity Convention As its full title makes clear, the 1969 Convention is intended to deal with those aspects of the refugee problem that are particular to Africa and are not adequately addressed by the 1951 Refugee Convention. For the purposes of this Convention, the term "refugee" shall mean every person who, The case is an important decision in Australian refugee law . 3 - Relationship between the 1951 Refugee Convention and the 1969 OAU Convention on Refugees from Part II - Refugee Status under Global and Regional Instruments By Bonaventure Rutinwa International human rights and Refugee law are closely intertwined. The United Nations High Commission for Refugees (UNHCR) administers some small-scale refugee programmes in such countries. This definition limited the term "refugee" to include people displaced before the Convention was signed, and drew narrow geographical requirements. Online Companion 220 (2012). The 1969 OAU Refugee Convention also addresses responsibility sharing, an issue that has now gained global prominence with the affirmation of the Global Compact on Refugees (GCR) in the UN General Assembly in December 2018. A reflection of UNHCRâs supervisory responsibility can also be found in recommendation (e) of the 1984 Cartagena Declaration and the Preamble to the 1957 Agreement Relating to Refugee Seamen. {{Citation | title=The 1951 Convention relating to the Status of Refugees and its 1967 Protocol : a commentary / edited by Andreas Zimmermann ; assistant editors Jonas Dörschner, Felix Machts | author1=Zimmermann, Andreas | author2=Dörschner, Jonas | author3=Machts, Felix | year=2011 | publisher=Oxford University Press | isbn=9780199542512 | language=English }} OAU Refugee Convention. It was adopted on 10 September 1969 at the sixth ordinary session of the OAUâs Assembly of Heads of State and Government, when it was signed by forty-one heads of state or government. 2. The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa is supplementary to the 1951 United Nations Convention relating to refugees and a landmark in refugee law. the OAU Convention and its expanded refugee definition. Countries ⦠176. In 1963 the leaders of thirty-two newly independent African states gathered in Addis Ababa, Ethiopia, to establish the Organization of African Unity (OAU), primarily intended to promote unity and cooperation among African states, uphold self-government and respect for territorial boundaries, and eradicate all forms of colonialism from Africa. This work offers an analysis of the legal regime for refugee protection in Africa, broadly construed as including both refugee law and human rights elements. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. Court membership. 33(1), July 28, 1951, 19 U.S.T. c.United Nations High Commissioner for Refugees, Guidelines on the Protection of Refugee Women (1991) 377 2.Other Refugee Instruments and Guidelines 412 a.OAU Convention Governing the Specific Aspects of Refugee Problems in Africa 412 b.Cartagena Declaration on Refugees 419 c.Guideline 4 -Women Refugee Claimants Fearing The 1951 Convention restricts the eligibility of individual gaining a refugee status in a particular country. We, the Heads of State and Government assembled in the city of Addis Ababa, from 6-10 September 1969, 1. The paper will then scrutinize the OAU refugee ⦠UNHCR - OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, adopted by the Assembly of Heads of State and Government at its Sixth Ordinary Session, Addis-Ababa, 10 September 1969 toggle menu Search Global (EN) Menu Select a language for our global site EnglishFrançaisEspañolعرب٠Select a country or regional site (24) Immediate post-war European displacements had been ⦠A refugee, according to the Convention, Session 3 The 1969 OAU Refugee Convention 11:30-13:00 Marina Sharpe, UNHCR Tamara Wood, Kaldor Centre, UNSW Khoti Kamanga, University of Dar es Salaam Rita Amukhobu 13:00-14:00 Lunch Session 4 The implementation of the 1969 OAU Refugee Convention 14:00-15:30 Judge Jody Kollapen: implementation in South Africa However, it is far from the final word. rights and benefits granted by a Contracting State to refugees" apart from the UN Convention, which means that contracting states can grant more far-reaching rights to refugees and that other international refugee instruments can supplement the UN Convention. General Principles of International Law 145 Conclusion 146 f THE 1969 AFRICAN REFUGEE CONVENTION 97 Introduction As a refugee protection crisis engulfs Africa,1 the Organization of Afri- can Unityâs 1969 OAU Convention Governing the Specific Aspects of Refu- gee Problems in Africa (1969 Convention)2 has remained largely beyond serious scrutiny. According to LawCite, Chen has been cited the third most times of any High Court decision. Convention Governing The Specific Aspects Of Refugee Problems In Africa. The Organisation of African Unity (OAU) was established on 25 May 1963 in Addis Ababa, on signature of the OAU Charter by representatives of 32 governments. Chen Shi Hai v MIMA, also known as ' Chen ' is a decision of the High Court of Australia. According to the Article I (2) of the OAU Convention, refugee is also any person compelled to leave his/her country owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his/her country of origin or nationality. Preface. Abstract. See 8 M. WHITEMAN, DIGEsT OF INTERNATIONAL LAW 695 (1967). The final draft of the OAU Convention Governing the 3 Ibid., 40-44. The Organization of African Unity (OAU), founded in 1963 as an aspirational pan-African project, started discussions about formulating an African refugee convention just one year after its inception. The regional legal regime for refugees includes treaty and institutional components. It was adopted on 10 September 1969 at the sixth ordinary session of the Organization of African Unity, now African Union (AU). As a party to the UN Refugee Convention and the OAU Refugee Convention, South Africa is obligated to apply international refugee law when addressing the protection needs of asylum seekers in the country. Organization of African Unity. Id at 5. Member States undertake to apply the provisions of this Convention to all refugees without discrimination as to race, religion, nationality, membership of a particular social group or OAU Convention is an excellent and interesting regional complement to the 1951 Convention, and according to its own wording is to be applied as such. The 1969 OAU Refugee Convention at 50 Tsion Tadesse Abebe, Allehone Abebe and Marina Sharpe The year 2019 marks 50 years since the 1969 Organization of African Unity Refugee Convention was adopted. Parties: 48. The primary concern then was the large number of Africans fleeing conflict arising from the struggles against 2. 1. Title of Assignment: âThe definition of a ârefugeeâ provided in the 1951 UN Convention relating to the Status of Refugees is outdated and should be expanded to include persons in need of protection fleeing issues such as generalised violence, climate change and environmental threats, and economic hardship. The 1969 Convention governing the Specific Aspects of Refugee Problems in Africa1 (â1969 Conventionâ) is the regional legal instrument governing refugee protection in Africa. Chapter 3: Internally displaced persons and international refugee law. The 1951 Refugee Convention is a product of the Cold War environment, and it reflects both European experience of Nazi war-time persecutions and Western political interests as these were perceived at the time. 0 Reviews. Contents. University of Nairobi; 2000. 6259, 6261, 189 U.N.T.S. Colonial Effects on the Founding of the 1951 Refugee Convention. Convention Governing the Specific Aspects of Refugee Problems in Africa (1969 Convention)2 abound, with violations often systemic. Referred to henceforth as the Refugee Convention throughout the paper. For instance, it acceded to the 1951 United Nations Convention Relating to the Status of Refugees on May 16, 1966, and its 1967 Protocol in 1981. 13 See note 27 inIra for the text of Convention's definition of "refugee." As a party to the UN Refugee Convention and the OAU Refugee Convention, South Africa is obligated to apply international refugee law when addressing the protection needs of asylum seekers in the country.
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