Can better access to citizenship help resolve conflict and refugee crises in Africa’s Great Lakes Region?

The manifold problems of conflict and displacement in Africa’s Great Lakes region[1] seem as complex as they do intractable. After all, with the exception of Tanzania, all the countries in the region have generated refugees and internally displaced people (IDPs) in large numbers over the past decades. But while not wanting to diminish the problems facing the region past and present, scale should not be conflated with either inexplicability or insolvability.

Of course, there is no silver bullet either. But research carried out by the International Refugee Rights Initiative over the past six years in the region, all of which focuses in one way or another on conflict and displacement in a number of different settings, indicates that a framework of citizenship can contribute positively to a better understanding of, and better policy responses to, forced displacement in this troubled region.

Citizenship in this context is understood as access to legal citizenship, but also more broadly as recognition of the right of a person to belong in a community and the power of that acceptance/belonging as a means of accessing other rights. And the research suggests that while there are many causes of political conflict and displacement in the region, unequal or inadequate access to citizenship has been a major contributing cause. At the same time, not only has the failure to ensure inclusive citizenship contributed to displacement, it has also made it harder to resolve: exclusive understandings of national citizenship limit refugees’ access to citizenship in host states and inhibit local integration, and the continued operation of exclusionary policies has made return “home” impossible for many.

As a result, the research underscores the fact that proper realisation of citizenship is one factor that determines whether or not a particular person or group will be forced into displacement; whether they will be able to repatriate; whether they will be accepted by those in their home communities if they do return; how they are perceived in exile both by host communities and those “at home”; whether durable solutions are possible; or whether they will end their lives in exile.

This assertion suggests that there needs to be a paradigm shift in responses to refugees in the region whereby discussions around “durable solutions” to displacement are viewed through a citizenship lens. In the case of repatriation, this means recognition that repatriation can only be a solution when there is a genuine re-assertion of the bond of citizenship between citizen and state, permitting the latter to protect the former and the former to engage in dialogue on the nature of the protection required. Without re-establishing the state/citizen bond and the realisation of their full rights as citizens, refugees will continue to resist return – and others who face similar exclusion will continue to flee.

It also means that repatriation should not be assumed to be the preferred – or, at times, the only – solution. The preconception that the only place refugees can legitimately belong is in their original homes both drives, and is driven by, an emphasis on repatriation that has been promoted by both national governments and the United Nations High Commissioner for Refugees (UNHCR). This attitude has inhibited the possibilities for refugees to forge new forms of belonging, whether through local integration or resettlement to a third country. It also prevents refugees in protracted situations from integrating meaningfully (unless they choose to fall off the official radar and “self-settle”, albeit with a different set of challenges), creating strong feelings of marginalisation and alienation.

Therefore, greater emphasis needs to be placed on local integration as a lasting solution to exile and as a means of re-establishing citizenship rights. Those in exile desire meaningful citizenship, not least in situations where returning “home” is unlikely to be possible for the foreseeable future. In this context, local integration should be promoted as both a temporary and long-term solution to displacement. Integrating refugees into the host community empowers them to act as rational actors capable of addressing their own needs, as opposed to passive recipients of humanitarian aid in camps.

One of the key ways in which local belonging can be supported is through the way in which humanitarian assistance is given to refugees and their hosts. The findings have shown that refugee policy, by isolating refugees in settlements or camps, reinforces separation, undermines local integration and should be avoided wherever possible. The benefits to humanitarian programming in the short-term – as well as the misappropriated policy assumptions that underlie the settlement policy – are small compared to the benefits of supporting and allowing refugees to integrate freely within their country of exile.

Ultimately, therefore, the problem of conflict, displacement, and refugees in the Great Lakes region is intertwined with the crisis of citizenship and the logic of inclusion and exclusion. The way forward, therefore, lies in a process by which refugee policies and practices in the region are re-aligned to become more inclusive, and to have a focus on building the dignity and supporting the resourcefulness of refugees. Refugees need to be viewed as rational actors, who are best placed, either as individuals or as communities, to determine what their interests are and how to protect their rights. This assertion translates into a policy that promotes an organic process of interaction between refugees and host communities that starts at the onset of a refugee influx and allows both to mutually benefit from each other; that identifies potential areas of tension and encourages collaboration between both communities to identify ways of removing the cause of that tension; and that allows local actors to benefit from the economic and business opportunities that result from the presence of the refugees and thereby minimises xenophobia.


[1] The Great Lakes region consists of the territory covering 12 states that are members of the International Conference on the Great Lakes Region (ICGLR): Angola, Burundi, Central African Republic, Republic of Congo, Democratic Republic of Congo, Kenya, Uganda, Rwanda, South Sudan, Sudan, Tanzania, and Zambia.

Introducing Lucy Hovil


It’s our great pleasure today to introduce Dr. Lucy Hovil as an IntLawGrrls contributor. Lucy is the Senior Researcher for at the International Refugee Rights Initiative where, for the past six years, she has been carrying out a research and advocacy project to generate better understandings of the lived experience of unequal access to belonging and citizenship, and its relationship to displacement in Africa’s Great Lakes region. The focus of the work, which has included nine case studies across the region, has been on those aspects of policy over which there is greatest contestation: questions of multiple citizenships, local identities, border communities, and the impact of emerging regional forms of citizenship.

Lucy is also the Managing Editor for the International Journal of Transitional Justice. She was formerly the Senior Research and Advocacy Officer at the Refugee Law Project, Faculty of Law, Makerere University, Uganda, where she founded the organisation’s research department and oversaw their working paper series. She obtained her PhD (1999) from the School of Oriental and African Studies, University of London, in which she explored the relationship between violence and identity in South Africa during the period of conflict that preceded the country’s first inclusive election in 1994.

Lucy’s first post will discuss citizenship and refugee crises in Africa’s Great Lakes region. Heartfelt welcome!

You go, ‘Grrls! (Part 2)

Over the past year, our contributors have had so many noteworthy accomplishments that we had to write two posts to fit them all (see Part 1 here). Congratulations to all!

Rachel Anderson was promoted and is now a tenured full professor at the William S. Boyd School of Law at the University of Nevada, Las Vegas. She was also elected President of the Las Vegas Chapter of the National Bar Association; re-elected Vice President of the American Civil Liberties Union of Nevada; and appointed to the Nevada Legislature’s Advisory Commission on the Administration of Justice, Subcommittee to Review Arrestee DNA. In addition to publishing numerous articles, Rachel received the Outstanding Service Award, Law Professors Division of the National Bar Association, 2012-13, and Special Congressional Recognition from U.S. Congressman Stephen Horsford, 2013.

Constance de La Vega gave the following presentations during the past year: “UN Human Rights Mechanisms & Human Rights,” panel at Protecting Women’s Rights: International Law & Advocacy Training, UC Hastings College of Law, San Francisco, June 2014; “Evolution of Human Rights Advocacy at the United Nations: An Analysis of 30 years of HRA Advocacy at the UN and 20th Anniversary of the Vienna Declaration of Human Rights, USF, November 2013; and “Alternatives to the Death Penalty,” panel at the Fifth World Congress against the Death Penalty, Madrid, Spain, June 2013. She also penned the following (publication pending): de la Vega and Kokeb Zeleke, Esther Wilch, “The Promotion of Economic, Social and Cultural Rights of Vulnerable Groups in Africa Pursuant to Treaty Obligations: CRC, CEDAW, CERD &  CRPD,” 14 Global Studies Law Review, Washington University in St. Louis; de la Vega and Kendall Kozai, “Human Rights: International Laws and Policies,” in Encyclopedia on Gender and Sexuality; and de la Vega and Cassandra Yamasaki, “International Human Rights Mechanisms: The Effects of the UPR on Human Rights Practices in the United States,” in Rights, Rituals and Ritualism: The Universal Periodic Review.

Andrea Ewart co-authored the textbook titled International Business: Doing Business Without Borders with Andrea C. A. Foster. This textbook provides readers with in-depth knowledge on international business policies and practices illustrated by insightful global case studies. It covers a broad spectrum of critical business aspects, from international financial management to corporate social responsibility, while additionally providing analysis into current and future trends. Andrea was also invited to serve as a U.S. State Department Speaker on the topic “Caribbean Basin Initiative: the Benefits, Resources, and Avenues for Growth.” She delivered workshops in Barbados, Grenada, and Jamaica on the trade benefits of the Caribbean Basin Initiative (CBI) program for Caribbean exporters to the U.S.

Stephanie Farrior has been elected a Visiting Fellow of the University of Oxford, Kellogg College, for the 2014-2015 academic year.  Her research focus will be Women, Water and Human Rights.   

Chiara Giorgetti is now the LLM Faculty Director of the newly created LLM program at Richmond University Law School. Her new book Litigating International Investment Disputes – A Practitioner Guide has just been published by Brill-Nijhoff.

Last fall, Toni Holness joined the ACLU of Maryland as a Public Policy Associate, where she analyzes legislation before the Maryland General Assembly and gives oral and written testimony on relevant bills. Toni also drafts fact sheets, issue papers, and assists with strategic advocacy efforts at the local and national government levels. 

Michelle Leighton moved from Kyrgyzstan and is now the Chief of Labour Migration Branch for ILO in Geneva. This year they are chairing the Global Migration Group, and she reports “much work and goings on” in migration as ILO is now promoting a new Fair Migration Agenda and working on getting these issues into the post-2015 development agenda, SDGs.

Hope Lewis was appointed the inaugural Faculty Director of Global Legal Studies at Northeastern University School of Law.  She received the Kate Stoneman Visiting Professorship from Albany Law School in April and will be the recipient of the 2015 M. Shanara Gilbert Human Rights Award from the Society of American Law Teachers at its annual meeting in January.

Jennifer Moore, Professor at the University of New Mexico School of Law and author of Humanitarian Law in Action within Africa (Oxford University Press, 2012), a primer on public international law and transitional justice with applications in Uganda, Sierra Leone and Burundi, recently published the book chapter “Protection against the Forced Return of War Refugees:  An Interdisciplinary Consensus on Humanitarian Non-refoulement” in Refuge from Inhumanity: War Refugees and International Humanitarian Law, Eds. David Cantor and Jean-Francois Durieux, Martinus Nijhoff, 2014. Jennifer also published several blog posts at Oxford University Press (OUP): “Punitive Military Strikes on Syria Risk an Inhumane Intervention” (September 2, 2013) and “Just Who Are Humanitarian Workers,” August 19, 2013, in honor of World Humanitarian Day. 

Mary Ellen O’Connell has been appointed a Senior Research Fellow in legal studies in the forthcoming Inquiry on Law & Religious Freedom, an interdisciplinary research project at the Center of Theological Inquiry, Princeton, N.J. She will be in residence there throughout the 2014-2015 academic year.

This year, Aoife O’Donoghue has been promoted to Senior Lecturer at Durham Law School and her book Constitutionalism in Global Consititutionalisation with CUP was published. She is working with Rosa Freedman of Birmingham on an article on women working within the UN. (Keep an eye out for their accompanying blog post on IntLawGrrls!)

Valerie Oosterveld became the Associate Dean (Research and Administration) for the University of Western Ontario Faculty of Law in Canada, where she also directs the International Summer Law Internship Program and is Deputy Director of the Centre for Transitional Justice and Post-Conflict Reconstruction.

In summer 2013, Hari Osofsky was promoted to full professor at the University of Minnesota and finished her Ph.D. in geography at the University of Oregon. She also was named the inaugural faculty director of the University of Minnesota’s Energy Transition Lab, which will work in partnership with leaders in business, public policy, and the community to advance needed energy transition.  In addition, Hari was named director of the University of Minnesota Law School’s Joint Degree Program in Law, Science & Technology. She received the 2013-14 Fesler-Lampert Chair in Urban and Regional Affairs to support her work on fostering suburban and metroregional climate change action, and was recently named the 2015 Julius E. Davis Chair in Law in recognition of teaching and research excellence. Hari’s book Climate Change Litigation: Regulatory Pathways to Cleaner Energy? with Jacqueline Peel of the University of Melbourne, supported by a $250,000 grant from the Australian Research Council, is forthcoming with Cambridge University Press later this year. And her new casebook, Energy Law and Policy, with Lincoln L. Davies, Alexandra B. Klass, Joe Tomain, and Elizabeth Wilson, is forthcoming with West Academic Publishers later this year.

Nicole Phillips is now a professor of international human rights at the Université de la Fondation Dr. Aristide (UNIFA) Faculté des Sciences Juridiques et Politiques, in Port-au-Prince, Haiti. The law school is new; this was their first year of students. Nicole remains a staff attorney with the Institute for Justice & Democracy in Haiti and Board Member of Human Rights Advocates.

Jaya Ramji-Nogales was promoted to full professor (previously tenured).  She was also selected to be a Senior Research Associate at the Refugee Law Initiative at the School for Advanced Studies at the University of London.

Lucy Reed remains co-head of the Freshfields global international arbitration group and public international law group, now based in Singapore after two fascinating years in Hong Kong.

Naomi Roht-Arriaza, recently named Distinguished Professor of Law at the University of California-Hastings, was the Principal Lecturer at “Transitional Justice: Conflict and Human Rights,” the 2014 Antonio Cassese Summer School in Geneva. Naomi also gave the inaugural lecture at the summer school of the University of Leiden.

Evelyne Schmid has left her position as a lecturer at the University of Bangor in Wales and returned to Switzerland for a “habilitation” research project at the Law Faculty of the University of Basel.

Anna Spain was awarded the Lieber Prize for best article at the American Society of International Law Annual Meeting in April 2014 for “The UN Security Council’s Duty to Decide,” 4 Harvard National Security Journal 320 (2013).

In April, Margaret Spicer competed at the Vis International Commercial Arbitration Moot in Vienna, Austria where her team placed 45th out of 291 teams. She graduated in May from the Florida State University College of Law with a Certificate in International Law. After serving as a Gubernatorial Fellow in the Executive Office of the Florida Governor, she was a finalist for the Jeb Bush Public Policy award for her paper “Addressing the Critical Workforce Needs of the Florida Aerospace Industry” and won the Washington D.C. Outstanding Leadership Fellowship. She is moving to Washington in August and will begin her Fellowship in the Governor’s Federal Relations Office in September. 

Nina Tavakoli was appointed as junior prosecution counsel in the Charles Taylor appeal at the SCSL, appointed as a criminal law expert in the UK Government’s Preventing Sexual Violence in Conflict Initiative, and appointed as a justice and security expert in the UK Government’s Stabilisation Unit. 

Jennifer Trahan gave a lecture entitled “Lessons Learned from the Iraqi High Tribunal: Analysis of the Anfal Genocide Trial” in July 2014 at the International Criminal Court  at The Hague.

Julie Veroff just finished her second year at Yale Law School and is currently working as a summer associate at Altshuler Berzon in San Francisco. After graduation next spring, she’ll be clerking for Judge Marsha Berzon on the 9th Circuit and then for Judge James E. Boasberg on the D.C. District Court.

Ruth Wedgwood was elected President of the global International Law Association at its biennial conference in April. Her two-year term began immediately. Her term as President of the American Branch of the International Law Association ends this October; succeeding her in that post will be David P. Stewart (Georgetown Law). 

Pamela Yates and colleagues at Skylight Pictures filmed the entire Ríos Montt genocide trial gavel to gavel with 2 cameras and created a 24 “webisodes,” short filmed highlights of the trial called “Dictator in the Dock.” The idea was to throw open the courtroom doors to the entire world as this brilliantly constructed genocide case, built over 13 years, played out in the courtroom in Guatemala. The final episode, “The Verdict,” is a 13-minute synthesis of this dramatic trial. Pamela has begun a new film, “500 Years,” and received grants from the MacArthur Foundation and the Sundance Institute. “500 Years” tells the story of the gripping Ríos Montt courtroom drama,  the first trial in the history of the Americas to prosecute the genocide of indigenous peoples and expose a world of brutality, entrenched racism and impunity. The reverberations from the trial have upended the historical narrative of Guatemala, threatening the powerful and empowering the dispossessed. 

IntLawGrrls named to leadership positions in ABILA include Leila Nadya Sadat, a Vice President, and Andrea Bjorklund and Jennifer Trahan, Executive Committee members.

And last but not least, numerous IntLawGrrls are serving as Co-Chairs of American Society of International Law interest groups. They include: Clara Brillembourg and Christie Edwards, Women in International Law Interest Group (WILIG); Margaret M. deGuzman, International Criminal Law;  Alexandra Huneeus, ASIL-Midwest; Elizabeth Trujillo, International Economic Law Interest Group (IEcLIG); and Ingrid Wuerth, ASIL-Southeast.

Congratulations again, and if we’ve missed any of your achievements over the last year, please do add them in the comments!

In passing: Hans-Peter Kaul, ICC judge, German diplomat, antiwar activist

kaulSaddened to read that Judge Hans-Peter Kaul, a pivotal member of the International Criminal Court’s founding generation, has passed away. The in memoriam notice at the ICC website reports that he died yesterday, as a result of the serious illness that earlier this month compelled his resignation after nearly a decade on the ICC bench.

That tenure continued service to the ICC which had begun in 1998, when Kaul, then a diplomat, led the German delegation at the Rome Conference. He recalled the climax of that conference in a 2012 guest post for IntLawGrrls:

After the decisive vote on the Rome Statute, our founding treaty, there is some kind of explosion, an enormous outpouring of emotions, of relief among those present, unparalleled for such a conference: screams, stamping, exultation without end, tears of joy and relief; hard-baked delegates and journalists who have frowningly watched the entire conference hug each other in a state of euphoria. And a German delegate, normally a level-headed man, jumps up and down like a rubber ball and keeps punching me in the ribs, completely breathless,

‘Herr Kaul, Herr Kaul, we’ve done it! We’re getting an international criminal court!’

Kaul was born 70 years ago this Friday, in Glashütte, near Germany’s border with what is now the Czech Republic. The year was 1943. World War II raged, and memories of his boyhood during that war and its aftermath–including the postwar trials at Nuremberg–never were far from his work on behalf of international criminal justice.

This was evident in his most significant ICC opinion, a dissent from a panel’s preliminary ruling in the Court’s ongoing case involving 2007-2008 post-election violence in Kenya. In a 19-page commentary labeled Dissenting Opinion of Judge Hans-Peter Kaul to Pre-Trial Chamber II’s “Decision on the Prosecutor’s Application for Summons to Appear for William Samoei Ruto, Henry Kipono Kosgey and Joshua Arap Sang” (15 March 2011), Kaul invoked the Nuremberg legacy to argue that only violence at a level of “state-like ‘organisation’” could constitute crimes against humanity. It is an argument that continues to generate academic debate.

Another link to Nuremberg may prove even more lasting. In recent years, Kaul was an impassioned and indefatigable advocate for make the crime of aggression punishable by the ICC. His German delegation had pushed successfully for the listing of that crime–a signature offense at Nuremberg–in Article 5 of the Rome Statute. (Prior posts here and here.) After the Assembly of States Parties adopted the 2010 Kampala amendments to activate the ICC’s crime of aggression jurisdiction, Kaul campaigned actively for ratification. Every time he and I crossed paths, at Chautauqua, The Hague, or elsewhere, Judge Kaul was quick to report on the status of that campaign–and to express particular pride when his native country and its linguistic neighbors deposited their instruments of ratification or accession.

With the ratification by Austria last Friday–the 16th anniversary of the adoption of the Rome Statute–the Kampala amendments have garnered half the 30 ratifications needed for entry into force. (Also required is another Assembly vote.) States that have joined to date are Andorra, Austria, Belgium, Botswana, Croatia, Cyprus, Estonia, Germany, Liechtenstein, Luxembourg, Samoa, Slovakia, Slovenia, Trinidad and Tobago, and Uruguay. Numerous other states, including many others in the North Atlantic Treaty Organization, are reported to be nearing joinder.

Kaul was crystal clear about the reason he pushed for these amendments: The child of war saw activation of crime of aggression jurisdiction as an essential step toward ending war altogether. In his IntLawGrrls post as in other writings and lectures, he explained:

War–this is the ultimate threat to all human values; war is sheer nihilism. It is the total negation of hope and justice. Experience shows that war, the injustice of war in itself, begets massive war crimes and crimes against humanity. In my nine years as a Judge of the ICC, I have seen that, as in the past century, a terrible law still seems to hold true: war, the ruthless readiness to use military force, to use military power for power politics, regularly begets massive and grievous crimes of all kinds.

In Kaul’s view, the prosecution of jus in bello violations is important, yet an incomplete, a symptomatic approach, unless it is accompanied by the prosecution for jus ad bellum violations. His own pithy words are a fitting epitaph:

War crimes, they are the excrement of war.


(Cross-posted from Diane Marie Amann)

Go On! ASIL Women in International Law Networking breakfast July 31

The Women in International Law Interest Group (WILIG) of ASIL will be hosting the Annual Women in International Law Networking Breakfast  on Thursday, July 31, 2014, from 8-10 am, at ASIL Headquarters, 2223 Massachusetts Ave., NW, Washington, DC 20008.

The event features accomplished professionals in various practices of international law, who will discuss their career paths and offer professional advice and insights for women interested in pursuing careers in international law. The panel presentations will be followed by a Q&A and networking opportunities among the panelists and participants.


·        Elizabeth Andersen: Director, Rule of Law Initiative, American Bar Association

·        Pamela Fierst: Senior Program Officer, International Red Cross and Red Crescent Movement, U.S. Department of State

·        Sandra Hodgkinson: Vice President, Planning and Chief of Staff, Finmeccanica North America and DRS Technologies

·        Marcia Wiss: Of Counsel, Project Finance & Business Transactions, Hogan Lovells LLP


Register here:

Possible U.S. Policy Change on Unaccompanied Minors and the International Legal Obligation of Non-refoulement

The last few weeks have seen numerous reports on the growing number of unaccompanied minors seeking entry to the United States through the Mexican border. The reasons for the uptick in crossings are numerous and complex, and, like the question of whether the children meet the definition of refugees, are not the focus of this post. My question here is a simpler one: whether the adjudication mechanisms under consideration in response to this crisis afford these children a fair hearing focused on a determination of credible fear and other harm which, if identified, would trigger international protection. If the contemplated changes do not comport with a good faith application of the principle of non-refoulement, we run the risk that the U.S. will be in breach of its international obligations.

A “fast-track” process eases the short-term administrative and resource burden at the risk of returning children in need of protection, and would violate the principle of non-refoulement. Non-refoulement, or a prohibition on forcible return, compels States to ensure that no person is forcibly returned to a place where they face persecution, torture or inhuman treatment. In the context of refugee law, States have an obligation of non-refoulement until a negative refugee status determination has been made and States have a good faith obligation to ensure that this takes place. Refoulement can be explicit or it can be constructive, but the UNHCR has stated that it applies at the border, even before an entry is made.

While U.S. law does not explicitly recognize the obligation of non-refoulement, U.S. Immigration Law has a number of built-in protections to prevent the return of individuals to countries where they may face persecution, inhuman treatment or torture, including “withholding from removal” (where removal proceedings are ongoing and there is a high probability that life or freedom would be threatened upon return) and “asylum” for refugees physically present within the US.

There are also multiple mechanisms specific to minors in the immigration system under U.S. law. The Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), created a two-tiered system that separates arrivals into two groups: citizens of contiguous countries (mainly Mexico) and citizens of non-contiguous countries.  Children from non-contiguous countries or children who are found to be vulnerable to trafficking, who express a credible fear, or who are deemed unable to make a determination on voluntary return, are turned over to the Office of Refugee Resettlement for formal deportation proceedings. During this time, they are able to make an asylum claim and seek relief under the withholding provision, in addition to other forms of relief. As immigration courts remain backlogged, the children are placed with families while proceedings are pending. This takes anywhere from a year and half to five years to resolve. Minors arriving from contiguous countries (Mexico or Canada) who are deemed capable of requesting voluntary return and do not fit the risk criteria are processed within 48 hours and returned “home.”

Continue reading

Introducing Uzma Burney

Uzma BurneyIt’s our great pleasure today to introduce Uzma Burney as an IntLawGrrls contributor. Uzma joined an immigration firm in 2012 after completing a clerkship at the International Court of Justice in The Hague, Netherlands. Her research interests include public international law, state sovereignty, global migration, refugee and asylum law, and the migration of skilled labor. Prior to her time at the ICJ, Uzma represented individuals in U Visa, VAWA, Asylum and family-based proceedings while working at the Victim Rights Law Center, a non-profit  in Boston, Massachusetts. She is a member of the American Immigration Lawyers Association and the Massachusetts Bar Association.

Uzma graduated cum laude from the University of Michigan Law School where she received her J.D. She is also a graduate of Rice University, with an M.A. in History, and Smith College, where she earned an A.B. in History. She has lived in the Middle East, Europe, and Asia.

Uzma’s first post will discuss the child migrant crisis and the obligation of non-refoulement. Heartfelt welcome!


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