Editorials
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Central American Free Trade Agreement (CAFTA)- OPPOSE IT NOW!
From: No CAFTA <cafta@cispes.org>Subject: Action alert: Negotiations for CAFTA Start, Call Congress and U.S. Trade RepresentativeDate: 09 Jan 2003 16:54:19 -0500CAFTA NEGOTIATIONS OFFICIALLY OPENED ON JAN. 8thACT NOW! To Protect Human RightsOfficial negotiations for the U.S-Central American Free Trade Agreement (CAFTA) were formally opened in a ceremony in Washington, DC on January 8th, 2003. Please contact your Representative, Senators, and the United States Trade Representative (USTR) and voice your opposition. A Sample letter and contact information are included below.What is the U.S.- Central American Free Trade Agreement (CAFTA) and why should we oppose itThe U.S.-Central American Free Trade Agreement (CAFTA) is a free trade agreement between the U.S. and the five Central American nations of Guatemala, El Salvador, Honduras, Nicaragua, and Costa Rica. Official negotiations for CAFTA opened between trade ministers of the six governments on January 8 and will continue once a month until December of 2003. The U.S. and Central American governments hope to have the treaty finished and ready for approval by the national legislatures of the six countries by the end of 2003. CAFTA is an extension of the North American Free Trade Agreement (NAFTA) to include Central America and its implementation is seen key by the Bush administration and multinational corporations in obtaining the Free Trade Area of the Americas (FTAA), which would cover all the countries in the Western Hemisphere except Cuba. It will also help build the economic framework for Plan Puebla Panama (PPP), a 10-year long mega development project that will construct industrial infrastructure throughout the region. Civil society groups have protested the PPP because of the probable devastating impact that it will have on the environment, indigenous communities, and local economies. Since President Bush announced his intention to implement CAFTA in January of 2002, very little public information has been released. The U.S. has released its objectives for the negotiations, but not its official negotiating positions. Public hearings were held in November of last year and a Congressional Oversight Group for CAFTA, FTAA, and other free trade agreements has been set up, but genuine input and participation in the negotiations by civil society groups in the U.S. and the five Central American countries is non-existent. At the same time, the U.S. Business Roundtable and financial elites in Central America have constant access to their government negotiation teams and trade ministers. The nine rounds of CAFTA negotiations will held in secret. If adopted CAFTA would have the following consequences:Privatization of Public Services: A key component of free trade agreements is the privatization of public services. The logic of neoliberalism (corporate globalization) that drives these agreements sees government subsidies and support of public services such as water, education and healthcare as unfair "barriers" to trade and competition. However, privatization benefits only a tiny political and economic elite at the expense of the general public. Privatization has meant higher prices, poorer service, union busting, and worsened working conditions. Under CAFTA the state run health care, education, electrical generation, and water systems could be privatized and sold off to multinational corporations. Increased Corporate Power, Erosion of Democracy, and Lack of Transparency: Working hand-in-hand with privatization, free trade agreements like CAFTA would weaken regulatory measures and open the way for increased corporate exploitation in Central America and the U.S. The examples of Enron and WorldCom show how corporations in the United States use the deregulated "free" market to destroy lives in the name of profit. It is no coincidence that Enron - facing scandal in the US - is setting up shop in Nicaragua and other countries in the Global South. CAFTA would give companies free reign in Central America, obliterating the democratic process by robbing citizens of the power to shape their own destinies.Additionally, CAFTA will most likely contain the Chapter 11 investor rights provision of NAFTA. This would allow foreign corporations to sue national governments for laws or regulations that were shown to have caused a loss in actual or even potential future profits. A secret tribunal whose members would be unknown to the public would hear such cases. Their rulings could not be appealed and would overrule existing local, state, and federal laws and international agreements on labor and human rights. Such elements of CAFTA would erode democracy and allow for decisions to be made behind closed doors that would affect the lives and well being of millions people. The U.S. is pushing NAFTA like investor state dispute mechanisms in the FTAA, so we can also anticipate these in CAFTA .Destruction of agriculture and small farmers: CAFTA would remove all tariff barriers the 5 Central American countries now have on imported agricultural products. This would allow cheaply grown and heavily subsidized U.S. corn and other basic grains to flood local markets. Small farmers in Central America, already devastated by the importation of cheaply grown U.S. basic grains, years of drought, and the massive fall of coffee prices on the world market, would face the extinction of their livelihoods. Under CAFTA millions would be forced to migrate to large urban areas to work in the informal sector or maquilas (sweatshops), or they would risk their lives in dangerous journey north to seek work in the U.S., facing a harsh anti-immigrant climate. Weakening of laws protecting workers rights and the environment:Laws protecting labor and human rights and the environment would be greatly weakened. The past few months have seen large-scale governmental assaults on public sector unions in El Salvador trying to stop the privatization of the electrical generating and public health care systems. Workers have been violently attacked by riot police and their rights under the Salvadoran labor code and constitution trampled upon in an attempt to bust their unions. In Guatemala union members, peasant organizers, and human rights activists face an increasing climate of government repression, including murder and kidnapping. Social movements and unions are also under attack in Honduras and Nicaragua. Laws protecting labor and human rights in Central America could be overturned. Claims by the U.S. and Central American governments that workers rights will be respected and protected under CAFTA seem farcical given the current repression now occurring in the region. Moreover, Central America is one of the most biologically diverse areas in the world, containing thousands of diverse and unique species of plants and animals. Laws protecting the environment could be gutted, declared as an impediment to the potential profits earned by foreign corporations. The corporations could then sue national governments under Chapter 11 provisions. Under NAFTA the Mexican state of San Luis Potosi was forced to accept a toxic waste site run by the U.S. Metalclad corporation. The Mexican federal government also had to pay the corporation $16 million in damages. Social movements resist CAFTA:Throughout Central America labor unions, peasant organizations, indigenous and women_s groups, and other social organizations are actively resisting CAFTA. On October 12, 2001 at least 40,000 people organized coordinated protests through the region, blocking key points of the Pan American highway and border crossings. Since October there have been 4 massive marches of at least 100,000 people each by social organizations in El Salvador protesting the attempt to privatize the public health care system. A Central American wide coalition of trade unions, peasant and indigenous organizations, women_s and environmental groups, and non-governmental organizations have joined together to fight CAFTA. They are struggling for their self-determination and to defend alternative models of social and economic development benefiting the majority of people in their countries and not multinational corporations. Note: This piece incorporates previous materials on CAFTA created by the Committee in Solidarity with the People of El Salvador.Who to Contact:Contact your Representative and Senators by fax, phone, or email. Let them know you oppose CAFTA.To find out their contact information, visit the following sites or call the Capitol Switchboard at: 202-224-3121:House of Representatives: http://clerk.house.gov/members/index.phpSenate: http://clerk.house.gov/members/index.phpYou can also contact Daniel Fantozi, the U.S. Trade Representative (USTR) contact for Central America, at 202-395-5190 ext 8.Sample Letter:DearI am writing to express my profound concern of the U.S.-Central American Free Trade Agreement (CAFTA) negotiations, set to officially begin on January 8th. With negotiations around the corner, no draft text of the negotiating strategies of any of the countries has been made available either to the countries_ Congress and National Assemblies or the general U.S. or Central American public. This utter lack of transparency offers little, if any, opportunity for meaningful public comment or input and minimal oversight by elected officials. Instead, wealthy transnational corporations, who stand to gain the most if CAFTA passes, are among the few who are given the opportunity to view draft texts and participate in negotiations. The millions whose quality of life, independence, health, economic stability, and traditions will be adversely affected have virtually no say in their own future.CAFTA is essentially a continuation of the same policies put forward in the North American Free Trade Agreement (NAFTA). While NAFTA offered promises of increased economic prosperity, it has instead wrought disastrous consequences for workers, small-scale farmers, and the environment. In fact, since it began in 1994, the percentage of the Mexican population living in poverty has risen from 58% to 79% and more than 700,000 decent paying jobs were lost in the U.S.I strongly believe that CAFTA will only exacerbate poverty, environmental destruction, the loss of national sovereignty, and the unequal distribution of wealth and power. Additionally, the process of planning and negotiating CAFTA grossly violates the inherent principles of democracy and development. Any trade agreement created with the countries in Central America must involve the real participation of all those affected by it, including civil society members. It must also fully accept that labor, environmental, and human rights are a precursor to true and equal development. CAFTA, along with any free trade agreement the U.S. government signs, must contain guaranteed and completely enforceable protections of environmental, labor, and human rights. I closely follow trade issues and will be in continued contact with you on this issue.Thank you for your time and consideration.Sincerely,KEEP THE PRESSURE UP UNTIL JUSTICE IS SERVED!For more information, contact the National Coalition Against CAFTA, at 212-465-8115 or via e-mail at cafta@cispes.orgYou can also visit: www.cispes.org/cafta
español
From: Centro de Estudios de Guatemala <ceg@c.net.gt>Subject: Guatemala Hoy, October 25, 2002Date: 25 Oct 2002 08:53:35 -0600 Translation by Dave Lindstrom, FHRGGuatemala, 10/25/2002 (Prudencio Garcia).- Once again, the massive phenomenon of impunity which has been, and continues to be the trade mark of notorious Guatemalan criminals and repressors again visits in classic fashion, arriving by the disgraceful road that only momentarily seemed abandoned.We remember that on April 24, 1998, Bishop Juan Gerardi officially presented the REMHI report (Recuperacion de la Memoria Historica -- Recovery of the Historical Memory). This is the frightful, but incontestable document of 1,500 pages in four volumes (Guatemala Archbishop's Office on Human Rights) on crimes registered in the civil conflict that, since the 1970's, afflicted the country. The magnitude and gravity of the genocide committed against the Mayan population (especially between 1978 and 1983), and the atrocious forms of killing and mutilation, produced a maximum of suffering in the victims, and sought an exemplary effect equally maximum. This strategy of the segmentation of those communities by terror in order to dissuade them of any hypothetical collaboration with the guerrillas, was graphically and unmistakably demonstrated in the cited report.Just two days later, the bishop was assassinated inside the parochial complex in which he lived, in down-town Guatemala City. Very quickly, the evidence pointing to members of the EMP (Estado Mayor Presidencial, or Presidential Guard) as the authors of the crime. Behind this title is hidden the sinisterly known and feared military organization whose theoretical mission initially consisted in giving protection to the President of the Republic and to his family. Nevertheless, under this cover has been hidden for more than three decades a potent secret military service, capable of developing covert information gathering, the following of political opponents, the profiling of victims and the carrying out of their execution, the cover-up of the executions and, in especially awkward cases, arranging the appearance of supposed common delinquency.The potent machinery of institutional cover-up, destined to guarantee the impunity of the assassins, was immediately put into action, with all cunning shrewdness and every smoke screen imaginable. First, the crime was attributed to two indigents that slept near the parochial complex. After that, the crime was attributed to personal differences and to vengeance. Later came the infamous explanation of "a crime of passion," which was circulated widely. This version insisted that the assassination was committed by an associate of the bishop, the priest, Mario Orantes. The theory slanderously attributed a supposed homosexual relationship between the two clerics. Later, and in support of these theses, it was maintained that the bishop had been savagely attacked by Father Orantes' dog, Balu, partially causing his death. Finally, expert studies determined that the animal was incapable of such aggression, given his advanced age and the grave vertebral infirmity that the dog suffered.Through the pressure of national and international human rights organizations, the successive smoke screens -- assertions of robbery, vengeance, a crime of passion, a dog attack -- were knocked down, one by one. It was finally determined that a new prosecutor would study for the first time the most logical of the many hypotheses: the socio-political motivation. The convincing revelations of the REMHI report fully documented the Army as a class. And the history of recent decades in Guatemala has contributed conclusive data regarding the inter workings of the Army when some important person was considered seriously dangerous, potentially meriting the qualification, "internal enemy." The cases of anthropologist, Myrna Mack, presidential candidate Jorge Carpio, former mayor of Guatemala City, Colom Argueta, Marist cleric, Moises Cisneros, professor Apolo Carranza and Evangelical pastor, Manuel Saquic, among others, all resulted in assassinations. And in all of them, there was intent to cover-up the political motive of the crime, according the MINUGUA (United Nations Mission en Guatemala) report of January 17, 2000. This report noted "the participation of elite units of the Army in assassinations of national relevance." Therefore, with these emphatic antecedents, the military authorship of the killing of bishop Gerardi, appeared as the hypothesis most worthy of investigation.
From the moment this correct line of investigation was assumed, the proofs regarding the participation of military figures and members of the EMP emerged with unequivocal evidence. But at the same time, pressures and threats proliferated against court officials, judges, lawyers and witnesses. High-profile resignations of court officials and exile exile outside the country became one of the most regular occurrences of the process. Principle witnesses had to flee for their lives. Two former military figures (who also had to flee into exile) testified and pointed to the EMP -- their former employer -- as the organization that planned and carried out the crime.The number of incidents and obstructions of all types (including judges fleeing to exile and being replaced with others) continued to plague the trial. But the case also surfaced many public officials with incredible integrity and professionalism, such as Leopoldo Zeissig, and judge Flor de María García Villatoro and Yasmín Barrios, who endured incessant threats and harassment. (For example, the day before the opening of the hearing, unknown individuals hurled two hand grenades at the house of judge Barrios.) But thanks to these public servants, a Colonel, a Captain and a Sergeant Specialist were finally convicted and condemned to 30 years in prison, charged with being material authors in the preparation and execution of the crime. Nevertheless, just as with Mr. Zeissig and judge Barrios, they were immediately threatened with death and had also to flee the country for their own safety. But that sentence, delivered by the Third Court of First Petition, given in June of 2001, constituted the most magnificent, incredible, hopeful and unprecedented anomaly of the Guatemalan justice system. It was a rupture in the practically impenetrable cloak of military impunity.
And what became of that meritorious and almost heroic achievement of the Guatemalan justice system? What served as an iconoclastic injection of hope was pathetically deactivated in one afternoon. The corresponding Court of Appeal annulled the sentence of the Court of First Petition, ordering the repetition of the trial under the formal, if not subjective, pretext of "deficient valuation of proof." Our pessimism (which was never totally laid to rest by the hope from the earlier conviction) has been confirmed: heroism is not an unending natural resource; it can't be repeated, as the only apparent way to impart justice. In realistic terms, no one can hope that the same court, along with the same participants could endure yet another round of the same pressures and threats (to themselves as well as to their families), with an equivalent degree of intensity and difficulty as they have had to face these last years. The most we might hope for is that the same or other judges and public officials will demonstrate equal moral resilience, and that the same witnesses that testified and went into exile will return, to appear again, and endure the same difficult experience that they lived through last time.We arrive, finally, at the fundamental point. It is apparent that, still today, it proves to be practically impossible to gain convictions in even the most recent crimes (as in the infamous Gerardi case). So what possibility exists for finding justice for the monstrous and massive atrocoties of genocide against the Mayan population, concentrating principally in the terrible five year period from 1978 to 1983? We are talking about crimes incomparably more grave in quantity and quality than those perpetrated by the dictators of Chile and Argentina in those same years. We are talking about such horrors as have never been known in any other place on the American continent, according to what has been captured for posterity in published reports. (Refer to often cited 1998 report of the Guatemalan Catholic Church, that cost the life of bishop Gerardi, or the report of the United Nations Historical Clarification Commission -- 3,800 pages in 12 volumes --, delivered to the Secretary General Kofi Annan in February of 1999, and in which we had the honor of participating.)
Here is, then, the central point: those indescribable atrocities continue with the most absolute impunity. There is a minimum possibility that they will end up being tried in Guatemala. Why? Not least among the reasons is the fact that one of the two presidents and chief architect responsible for those years of horrors is none other than General Efrain Rios Montt, current President of Guatemalan congress and director of the current governing party. Add to this the fact that neither will the emerging International Penal Court ever be able to judge such crimes, given their constraint established by their Statute of Rome (1998) that impedes them from hearing any case before July 1, 2002.Conclusion: the only possibility for justice is the case proceeding before the Spanish National Court System (whose jurisdictional competence over cases of Guatemala remains dependent on resolution by the Supreme Tribunal). Only this case might prove a legitimate and justified intent to confront such an intolerable impunity, under the protection of Universal Justice assumed by our Organic Law of the Judicial Power and by the International Conventions against Torture (1984) and against Genocide (1948), ratified both by Spain and by Guatemala. If the Spanish Justice System can proclaim itself competent to judge the crimes of the Argentine and Chilean dictators (which it did in 1998), with that much more evidence and motivation should it be done in the case of Guatemala. So we hope. A ruling denying any culpability would only go to underline the definite state of impunity which exists for one of the most abominable genocides that 20th Century humanity has had to suffer. And the authors of the atrocities would continue to exist in the most shameful and chilling freedom.
From: Centro de Estudios de Guatemala <ceg@c.net.gt>Subject: Guatemala Hoy - Sábado 12 de octubre de 2002Date: 12 Oct 2002 13:20:03 -0600Guatemala, 11.10.2002 (El País, de España).- Un tribunal de apelación guatemalteco ha anulado la condena impuesta hace más de un año a tres militares y a un sacerdote por el asesinato en 1998 del obispo Juan Gerardi. Alega vicios de forma y ordena repetir un juicio que llevó más de dos años, en el que comparecieron un centenar largo de testigos y que concluyó con una sentencia de 30 años para un coronel, un capitán y un sargento pertenecientes a los infamantes escuadrones de la muerte camuflados como unidad de seguridad presidencial. Gerardi murió a golpes dos días después de presentar un informe de la Iglesia sobre la guerra sucia, Guatemala, nunca más, en el que se concluía que el 90% de las matanzas durante 36 años de guerra civil -más de 200,000 cadáveres- fueron obra de los militares.
La decisión del tribunal podría tomarse por una encomiable muestra de celo e independencia judicial si Guatemala, que puso fin en 1996 al enfrentamiento más largo y sangriento de Centroamérica, fuese una sociedad democrática. Pero no es así. Pese a haber dejado atrás sucesivas dictaduras castrenses y mantener una fachada civil, el país centroamericano que preside Alfonso Portillo vive en una atmósfera de violación de los derechos humanos, intimidación y protagonismo militar -y paramilitar- similar a la de sus años más sombríos. Muchos de los más comprometidos, jueces incluidos, han huido para proteger sus vidas. Una de las previsiones del acuerdo nacional que puso fin a la guerra era el desmantelamiento de la división de seguridad presidencial, reiteradamente prometido y nunca cumplido por Portillo, que, por el contrario, ha aumentado sus presupuestos y los de organismos conexos.La razón última de este estado de cosas es que el Ejército, un ejército impune, sigue siendo la más poderosa fuerza política del país. Y que sus hilos los sigue moviendo el jefe del partido gobernante y presidente del Parlamento, el ex general Efraín Ríos Montt, el más despiadado dictador de su historia reciente y a quien las organizaciones de derechos humanos intentar procesar por genocidio.Estos días está a punto de conocerse en Guatemala el desenlace de un proceso histórico -el primero por delitos cometidos durante la guerra sucia- contra tres jefes retirados, un general y dos coroneles, acusados de ordenar en 1990 el asesinato de una activista pro derechos humanos. Su condena podría abrir la puerta al enjuiciamiento de Ríos Montt y altos mandos anteriores como arquitectos de una política de atrocidades masivas. Pero la reciente decisión sobre el caso Gerardi recuerda a quienes quieran entender quién sigue mandando en Guatemala.
Justice - An Uninvited Guest in Guatemala
For five days, we celebrated a new era for Guatemala. Like water from a rusted well, we began to see the impurities running to the ground. Justice was taking hold in Guatemala. The courts had opened the well the year before, in the conviction of three high ranking officers for the murder of Bishop Juan Gerardi. Yes, higher ranking officers behind the crime have continued to remain comfortably hidden from the hand of justice. But, for the first time, the world asked, "Are things changing in Guatemala? Are the guilty starting to be brought to justice? Or is this just an anomaly
Then, sixteen months later, the military officer in charge of the Guatemala equivalent of the CIA had been convicted for giving the order for the killing of a Guatemalan citizen. More than a material assassin, the real culprits wearing the mantel of impunity had been stripped. On October 3, 2002, courageous people in the Guatemalan Justice system fought threats and violence for their right to fairly hear the evidence, and convicted a formerly untouchable planner of the death of anthropologist, Myrna Mack Chang. Guatemala was beginning to breathe again.By convicting Colonel Juan Valencia Osorio, former head of the EMP, the elite military organization charged with protecting the presidential family, the courts formally recognized the true colors of the covert intelligence machine. In the trial, evidence based on 2,000 pages of declassified U.S. documents clearly revealed the deep web of relationships between U.S. and Guatemalan Intelligence agencies and military counter-insurgency tactics of fear and violence which had long been denounced by the human rights community. The world viewed hours of video-taped testimony of the man, already convicted for the actual stabbing of the researcher, and listened as he told of the orders from his superiors.
For five days in October, the surviving family members of thousands of killed, tortured and disappeared Guatemalan citizens felt a breath of fresh air. Maybe things were indeed changing. Maybe their government would no longer allow people with medals and stripes and guns to eliminate their own, in the name of freedom. For five days, the sun began to shine.But, like an uninvited guest, justice was evicted from the Guatemalan courts. On October 8, 2002, the Appeals Court overturned the convictions of the murderers of Bishop Juan Gerardi. In less than a week after the reconstruction of a cornerstone of the Justice System, the courts traded it all for a get-out-of-jail-free card. Those who uphold violence as an occupation returned to their web of invisibility and the Guatemalan people again hold their breath and thirst for a glass of water.
Dave Lindstrom - FHRGOctober 10, 2002
Días sin gloria para el Estado Mayor Presidencial
Reporte Diariode análisis de tendenciasGuatemala, 3 de septiembre de 2002 - Nueva Epocaid@intelnett.com
Otto Zeissig Vásquez
No es nada nuevo, pero resulta propicio recordar, el empeño de recursos y actividades de agentes del Estado para la comisión del crimen, tomando en cuenta que la académica asesinada fue vigilada durante mucho tiempo, hasta llegar a conocer el lugar y el momento más adecuado para perpetrar el ataque. Seleccionando la salida de la sede de AVANCSO para asesinarla.
Seguramente la información que se obtenía de la vigilancia era clasificada y analizada por otra estructura más especializada, de la que seguramente surgían hipótesis y se comparaba con la información de otras personas que Mack encontraba, saludaba o se reunía, posiblemente vigiladas, perseguidas o por lo menos “fichadas” por el Ejército, para luego arribar a conclusiones. Es muy posible que del Estado Mayor Presidencial se haya solicitado información complementaria a la Dirección de Inteligencia u otros registros policíacos o civiles. (Por ejemplo es muy común que las actas de cédulas de vecindad de los registros civiles municipales, hayan sido despojadas de las fotografías que en estas se registran).
Con la información procesada, otra estructura de nivel intermedio, presentaba la información, las conclusiones y recibía la autorización para proceder, ninguna acción denominada por su nombre, como capturar, secuestrar, torturar, eliminar o asesinar, todas con un lenguaje simbólico que en el macabro y terrible aparato de la muerte les hacía creer que sus actos eran diferentes a esos crímenes.
Antes, durante y después del asesinato de Myrna Mack, cientos o miles de ciudadanos eran vigilados, perseguidos o asesinados por las mismas estructuras del Estado. El caso del Estado Mayor Presidencial, tiene la particularidad de su cercanía inmediata con las autoridades políticas, incluso civiles, después de 1986. Cabe preguntarse hasta donde participaron o consintieron los gobernantes civiles de la “transición” la conducta anómala de estructuras tan próximas a ellos.
Parece ser que están contados los días del Estado Mayor Presidencial, por fin se dará cumplimiento al compromiso relativo, contenido en el Acuerdo para el Fortalecimiento del Poder Civil y función del Ejército en una Sociedad Democrática, y unos meses antes de abandonar el Poder, el presidente Portillo cumplirá con una de sus promesas del discurso de la toma de posesión. Poco mérito será hacerlo después de utilizar esa dependencia para distribuir la galleta escolar y las bibliotecas de la paz, para emplearla como oficina de compras evadiendo los controles de la Ley de Contrataciones del Estado. De la única manera que pueden ser, serán sin gloria los últimos días del Estado Mayor Presidencial.
Click on the links
Jesús Tecú Osorio in Chicago REMHI - Putting the Pieces Back Together San Marcos -- an example of REMHI Phase IV (including massacre at Sacuchun) National Dialog - A Chance for Reconciliation?
REMHI - Putting the Pieces Back Together San Marcos -- an example of REMHI Phase IV (including massacre at Sacuchun) National Dialog - A Chance for Reconciliation?
San Marcos -- an example of REMHI Phase IV (including massacre at Sacuchun) National Dialog - A Chance for Reconciliation?
(including massacre at Sacuchun) National Dialog - A Chance for Reconciliation?
National Dialog - A Chance for Reconciliation?
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