GEORGIA: Children's rights in the UN Special Procedures' reports

Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.

Please note that the language may have been edited in places for the purpose of clarity.

Reports:


Representative of the Secretary-General on Internally Displaced Persons
Walter Kälin
(A/HRC/13/21/Add.3 )
Country visit: 5 to 6 November 2009
Report published: 14 January 2009

Education: Although the local de facto administration had no up-to-date population figures, the absence of a large part of the population is visible. Many houses were deserted and boarded up. The Representative was informed that only 120 children attended the two Georgian-language schools in Akhalgori, which are reportedly still operational; another 60 are enrolled in the Russian-language school. (Paragraph 17)

Freedom of Movement: At the time of the Representative’s visit, the administrative boundary line was closed except for Akhalgori. People who nevertheless move cross the administrative boundary line, for instance to visit relatives, attend funerals or to pursue essential livelihood activities, risk being arrested and detained on the northern side. On 20 October, for instance, 16 Georgian woodcutters were arrested in the area of Akhali Burguli and released only several days later. On 4 November 2009, four teenage boys were arrested and detained until their release in December 2009, following the intervention of the Commissioner for Human Rights of the Council of Europe. The Representative also received allegations about instances of border crossers being held for questioning by Georgian authorities. The Representative was encouraged to receive assurances from the Government of Georgia that persons living in the Tskhinvali Region/South Ossetia maintain their Georgian citizenship and have the right to move across the administrative boundary line. (Paragraph 31)


Representative of the Secretary-General on Internally Displaced Persons
Walter Kälin
(A/HRC/10/13/Add.2 )
Country visit: 1 to 4 October 2008
Report published: 13 February 2009

Relevant International Obligations: Georgia is party to several universal and regional human rights treaties, including the International Covenant on Civil and Political Rights and its Optional Protocol and Second Optional Protocol; the International Covenant on Economic, Social and Cultural Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; the Convention on the Rights of the Child and its Optional Protocol on the sale of children, child prostitution and child pornography. Furthermore, it is party to the Convention on the Prevention and Punishment of the Crime of Genocide; the Convention relating to the Status of Refugees; and the Rome Statute of the International Criminal Court. Georgia is also party to the Geneva Conventions and the Additional Protocols thereto of 8 June 1977. At the regional level, Georgia is party to the European Convention for the Protection of Human Rights and Fundamental Freedoms, including its Protocols Nos. 1 to 14, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, as well as the Framework Convention for the Protection of National Minorities. (Paragraph 12)

Several treaty bodies have issued observations and recommendations to Georgia on the implementation of their obligations under the above treaties. With regard to the situation of the internally displaced, the treaty bodies have formulated a series of recommendations regarding IDPs living in protracted displacement. In November 2007, the Human Rights Committee expressed concern at the forced eviction of IDPs from collective centres in Tbilisi, Kutaisi and Adjara, without a court decision or agreement of persons concerned, and without proper compensation and support by governmental agencies, in violation of articles 12 and 26 of the ICCPR. The Human Rights Committee recommended that Georgia ensure proper regulation of the privatization of collective centres, and take all necessary measures to prevent cases of forced evictions of IDPs in the future. It also asked that Georgia ensure that the plan of action for IDPs is fully in line with all provisions under the Covenant on Civil and Political Rights, in particular the principles of voluntariness of return and non-discrimination.11 In June 2008, the Committee on the Rights of the Child welcomed the adoption of the draft plan of action on IDPs but expressed its concern at the continued serious socio-economic deprivation of IDPs and their limited access to housing, health services and education as well as the physical and psychological impact of displacement on children. It was also concerned at the potential negative impact of segregated schools on internally displaced children. The Committee recommended that Georgia give the highest priority to the protection of the rights of internally displaced children and incorporate the Guiding Principles on Internal Displacement in the legislation and policies of the State party. (Paragraph 13)

International Responses: The humanitarian response to the crisis in August focused on the provision of essential support to the new group of internally displaced persons across Georgia, including to some 36,600 IDPs in 382 collective centres in Tbilisi. Much of the initial concentration of the IDPs in Tbilisi was dispersed through a secondary movement from Tbilisi to the Shida Kartli region (the main town of which is Gori) where some 7,200 persons were accommodated in a tented camp, in collective shelters, and in host families. UNHCR played a prominent role in ensuring that the key protection and assistance needs of the IDPs were being addressed promptly and effectively, including prioritizing physical safety at the beginning of the emergency and supporting the Government with prompt and accurate registration in order to develop an appropriate response. Throughout the initial period following the outbreak of hostilities and the movement of displaced persons, UNHCR acted as lead agency and, together with its partners, worked to ensure monitoring of protection concerns regarding population movements, living conditions in shelters and general needs, response to special needs, especially those of pregnant women, flight histories and traumatizing experiences, security concerns, the voluntary character of returns, enrolment of IDP children in schools, and the conditions in return areas. (Paragraph 23)

The response in Georgia was rapidly organized through a Humanitarian Coordination Group, comprising United Nations agencies, international organizations, NGOs, Government and donor representatives. Using in-country stocks, relief supplies were delivered mainly to the affected populations in and around Tbilisi. UNHCR also set up and managed the tented camp in Gori where at its peak some 2,500 IDPs were accommodated. The Italian Red Cross provided a field kitchen. The Representative visited a kindergarten that accommodated IDPs in Gori, as well as the well-organized camp which provided the basic humanitarian requirements. In their discussions with the Representative the key concerns raised by IDPs living in the camp related to their uncertainties as to the possibilities of return, the state of their homes and security conditions for return once the Russian forces retreat from the buffer zone. Only a few weeks after the Representative’s visit, UNHCR reported on 17 October that the camp had been closed as a result of the return of a significant number of IDPs following the withdrawal of Russian troops. (Paragraph 24)

Education: During his discussion with IDPs, the Representative learned of several concerns regarding access of IDP children to schools, including fears that they would be segregated from other children. He received information that there was limited coordination in assigning new IDP children to local schools and that those in collective centres had not been accepted in local schools. Several IDPs he met in collective centres indicated an overall lack of textbooks and basic school equipment. The Representative welcomes the fact that the JNA includes provisions for the education sector to ensure that all internally displaced children and children directly or indirectly affected by the conflict enjoy full access to education. It similarly highlights the need for programmes to address the psychosocial needs of IDP children who suffer from the trauma of violence and separation from their homes. (Paragraph 38)

Birth Certificates: The Representative urges the Government of Georgia to take all possible measures, without discrimination, to ensure protection of all human rights for the internally displaced population from or living inside the conflict-affected areas. He would like to recall that internally displaced persons, as citizens of Georgia, are entitled to the full protection of human rights available to the population of Georgia by virtue of the obligations Georgia has accepted under relevant human rights treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the European Convention on Human Rights, and that Georgia should refrain from any measures that may negatively affect the enjoyment of the human rights of displaced persons and returnees as spelled out in the Guiding Principles on Internal Displacement in areas not under the control of the Georgian authorities. Also, as regards the question of the recognition of civil acts carried out by the de facto authorities, such as the issuance of birth, marriage or death certificates, the invalidation of such acts as provided for by the law would have a serious impact on the effective enjoyment of human rights by the population living in the conflict-affected areas, in violation of Georgia’s obligations under international human rights treaties, notably the Convention on the Rights of the Child. (Paragraph 56)


Representative of the Secretary-General on Internally Displaced Persons
Walter Kälin
(E/CN.4/2006/71/Add.7 )
Country visit: 21 to 24 December 2005
Report published: 24 March 2006

Relevant International Obligations: Georgia is party to the following international human rights instruments: the International Covenant on Civil and Political Rights and its Optional Protocol and Second Optional Protocol; the International Covenant on Economic, Social and Cultural Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the Convention on the Elimination of Discrimination against Women; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. It is party to other international conventions, including the Convention on the Prevention and Punishment of the Crime of Genocide; the Convention relating to the Status of Refugees and the Protocol relating to the Status of Refugees; and the Rome Statute of the International Criminal Court. It is also a party to the Geneva Conventions of 12 August 1949, and the Additional Protocols thereto of 8 June 1977. Georgia has issued a standing invitation to the special procedures of the Commission on Human Rights. At the regional level, Georgia is party to the Convention for the Protection of Human Rights and Fundamental Freedoms, including its Protocols Nos. 1 to 14, as well as the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. (Paragraph 10)

Civil Society: The Representative was impressed with Georgia’s vibrant civil society. Numerous NGOs run projects beneficial to or expressly targeting IDPs, such as income-generation projects, medical assistance and psychosocial rehabilitation, extra-curricular education for IDP children, promoting human rights awareness and vocational training. (Paragraph 19)

As enshrined in the Quadripartite Agreement, UNHCR has been given responsibility to act as the international lead agency for the return of displaced persons to Abkhazia. Having invested, during subsequent years, in return, reconstruction and humanitarian assistance in the Gali district, the 1998 violence displaced most returnees again and destroyed much of the agency’s achievements, as well as increased the overall insecurity in the area. UNHCR hence adopted a more cautious approach to humanitarian and rehabilitation operations in Abkhazia, including a reduction of protection activities. According to its 2005 two-year strategy for confidence-building measures for displaced and war-affected persons in Abkhazia, designed jointly with the Norwegian (NRC) and Danish (DRC) Refugee Councils and the Swiss Agency for Development and Cooperation (SDC), UNHCR will focus on protection monitoring and limited assistance to spontaneous returnees in the Gali and neighbouring districts. Work has already been initiated in a number of areas, including protection activities, small-scale shelter rehabilitation and school repairs. In the coming months, UNHCR will verify the numbers of returnees and IDPs currently living in the Gali district as well as investigate their socio-economic situation.44 Other international organizations, such as the International Committee of the Red Cross (ICRC), the United Nations Children’s Fund (UNICEF) and the World Food Programme (WFP) have been providing humanitarian assistance to IDPs and returnees. UNICEF and NRC are planning to train teachers in conflict resolution themes and provide school kits. However, security concerns restrict the access of humanitarian personnel to the local population, especially in the Gali district. (Paragraph 26)

Education: The Representative was shocked by the miserable living conditions of many IDPs. While poverty is widespread and unemployment very high throughout Georgia, IDPs generally suffer disproportionately. They have limited access to land, housing and employment, and are therefore more susceptible to poverty than the rest of the population. Many have no income of their own and are dependent on the Government’s financial allowance of around US$ 6 per month, which is insufficient to afford the minimum monthly food basket or other basic necessities, buying just half a pound of bread per day. Studies maintain that the overall health status of IDPs is worse than that of the population at large, and that IDPs in rural areas have very limited, if any, access to the free-of-charge health services, as ensured to vulnerable categories of IDPs by the Law of Georgia on Forcibly Displaced Persons. Furthermore, IDP children are increasingly illiterate, and some of the remaining schools attended by displaced children only lack resources. (Paragraph 29)

Some 96,970 IDPs (43.76 per cent of all registered IDPs) are living in one of the more than 1,500 remaining collective accommodation centres. The abject poverty in these centres is, by contrast to the situation of IDPs living in host families, well-documented and familiar also to the Government. Around 70 per cent of these centres do not meet minimum standards, with inadequate access to clean water, unsafe electric systems, and insufficient insulation. The Representative visited some of these centres where IDPs have been living for over a decade, often without receiving any support from the Government or the international community. He was concerned about the absence of running water in some of the places he visited, the badly unhygienic conditions and the exposure of inhabitants to the cold, as no repairs to doors, windows and crumbling walls had been undertaken. The Representative hence concluded that these conditions were clearly not in accordance with the right to an adequate standard of living, including the right to adequate housing, as provided for by guiding principle 18. On top of that, some collective centres were located in relative isolation, forcing children to walk several kilometres to school and complicating access to health care particularly for the elderly. (Paragraph 31)

The Representative: (c) Calls on the Abkhaz de facto authorities to respect the right of returning IDPs to use their own language, including in educational institutions, as enshrined in guiding principle 23 of the Guiding Principles on Internal Displacement. He further calls on the authorities concerned to avoid interruptions and disturbances of the education of IDP and returnee children, and make the necessary budget allocations; (Paragraph 49)

Impoverishment: Little information is available about the more than half of IDPs in Georgia who have been accommodated with host families since their flight. Civil society representatives informed the Representative that living space for IDPs and their children in host families has often been extremely overcrowded for many years, which has led to further impoverishment, interpersonal tensions, and negative effects on the psychosocial development of children. Since the 1998 fighting and destruction, no United Nations agency or other international organization has provided shelter support to returnee families in Abkhazia. (Paragraph 30)


UN Special Rapporteur on Torture
Manfred Nowak
(E/CN.4/2006/6/Add.3 )
Country visit: 19 to 25 February 2005
Report published: 23 September 2005

International Obligations: Georgia is a party to the major United Nations human rights treaties prohibiting torture: the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child. Georgia has also ratified both Optional Protocols to ICCPR. It is also a party to the Geneva Conventions, of 12 August 1949, and the Rome Statute of the International Criminal Court. (Paragraph 10)


UN Special Rapporteur on Freedom of Religion
Mr. Abdelfattah Amor
(E/CN.4/2004/63/Add.1 )
Country visit: 31 August to 7 September 2003
Report published: 16 December 2003

Intolerance: Some prominent political figures put out statements that tend to uphold the Orthodox majority at the expense of religious minorities. Some even make statements that are overtly intolerant of certain religious minorities. The Special Rapporteur met one of these, the member of Parliament Guram Sharadze. Mr. Sharadze believes he is open to and tolerant of the religions traditionally established in Georgia and considers that he has fought all his life to enable the different religious communities to coexist harmoniously within the country. On the other hand, he says he is fighting tooth and claw against aggressive sects such as the Jehovah’s Witnesses which “force their way into churches”, “burn literature” and “smash crosses” or bring about the deaths of Georgian children with principles such as their ban on blood transfusions. Guram Sharadze still says that he is opposed to violence of any kind, and on this point parts company with Mkalavishvili. (Paragraph 99)

Education: The Special Rapporteur has been informed that many schoolchildren belonging to religious minorities, in particular Evangelists, Jehovah’s Witnesses and Baptists, have been threatened, insulted and physically assaulted at school because of their religion. Those responsible for such acts of intolerance are either other schoolchildren or teachers and principals at the schools concerned. (Paragraph 100)

Against this background, and following a press article in which Basil Mkalavishvili supposedly called on the Minister of Education to “get rid of” members of the teaching profession who were Jehovah’s Witnesses, the teachers in one district of T’bilisi are said to have responded that they would spare no effort to “inculcate” proper Orthodox values into their pupils, and were emphatic within their own circles that renouncing orthodoxy was tantamount to renouncing one’s nationality. (Paragraph 101)

It is also reported that many complaints of such religion-based persecution in schools have not only not been properly dealt with by the authorities but have even brought down additional reprisals upon the victims. (Paragraph 102)

More alarming are reports reaching the Special Rapporteur to the effect that in 2002 the Ministry of Education approved a primer for 16-year-old schoolchildren containing a chapter entitled “The dangers of religious sects”. The primer does not refer to any groups in particular, but describes certain: [s]ects whose activities are banned in other countries because their anti-State, anti-human, and anti-moral preachings have penetrated the country, taking advantage of the difficulties the young State has had establishing itself, the hard socio-economic situation of the population, and our seventy years of living without religion. (Paragraph 103)

Regarding religious intolerance and education, the Special Rapporteur has noted with much concern that intolerance and, sometimes, religious violence occur in schools. He refers again on this topic to the recommendations made at the beginning of this chapter and emphasizes that in matters of the principle of freedom of religion or belief and minors, the competent authorities should not confine themselves to intervening when there is serious physical violence. A whole series of actions, prima facie benign or not immediately punishable under criminal law, may together amount to substantial encroachment on the exercise of freedom of religion or belief and should, as such, be taken seriously by the authorities. (Paragraph 121)

The Special Rapporteur also wishes to stress that religious tolerance can only be acquired if people learn from their earliest childhood about the existence and distinctive characteristics of other religious or faith-based communities. Most situations of religious intolerance, those in Georgia included, stem from ignorance. The Special Rapporteur refers the Georgian Government to the final document of the International Consultative Conference on School Education in relation to Freedom of Religion and Belief, Tolerance and Non-Discrimination held in Madrid from 23 to 25 November 2001, and urges it to put into practice all the recommendations given there. (Paragraph 123)


Representative of the Secretary-General on Internally Displaced Persons
Mr. Francis Deng
(E/CN.4/2001/5/Add.4 )
Country visit: 13 to 17 May 2000
Report published: 25 January 2001

Statistics on Displacement: Of the current internally displaced population in Georgia, an estimated 55 per cent are women, 36 per cent are children and 11.5 per cent are more than 63 years of age. (Paragraph 22)

Health and Medical Care: In the area of health also, internally displaced persons, in common with the local population, face a number of problems in terms of ailments and of access to health services. Iodine deficiency disorders, for instance, are a common problem throughout Georgia and, indeed, much of the Commonwealth of Independent States (CIS). A 1996 survey of 30,000 schoolchildren, commissioned by UNICEF found iodine deficiency in 64 per cent of the surveyed population.25 Severe iodine deficiency in utero causes severe mental retardation or cretinism. Consumption of iodized salt is considered the most effective way of ensuring an adequate intake of iodine. Yet an IFRC survey found that most households, internally displaced and local alike, used salt that either was not iodized or contained an inadequate quantity of iodine. (Paragraph 49)

However, in addition to sharing many health problems common to the general population, internally displaced persons are also more susceptible to certain types of problems resulting from their displacement and the circumstances leading to it. Most notably, the Save the Children Fund Survey found that physical disability was more prevalent in internally displaced persons’ households than in the local population. Injuries suffered during conflict and flight provide a partial explanation for this discrepancy. But the survey also suggests that little or no access to health-care services during the conflict and soon afterward, low household income to pay for health care, medicines and treatment, and poor living conditions also are factors which have resulted in a higher rate of physical limitation among internally displaced children. (Paragraph 50)

Regarding nutritional status, a 1998 IFRC survey of internally displaced children in western Georgia found that, although the prevalence of acute malnutrition was low, there was a high rate of chronic malnutrition, manifested by stunted growth. A diet of poor quality, that is one particularly low in biological protein and micronutrients even though it may have an adequate energy content, accounts for these results. (Paragraph 51)

Improve the living conditions of displaced persons. The Government, the international community and civil society should work together to improve the current living conditions of the displaced, especially those in collective centres. In particular, efforts should be made to encourage the relocation of internally displaced persons, especially those living in hospitals and dilapidated hotels, so that their lives and those of their children can be improved. (Paragraph 130 v)

Education: In Georgia, the first nine grades of education are compulsory and free. For higher grades, fees of between 10 and 15 lari a month are required of about 70 per cent of students, while the remainder, selected on the basis of merit, are exempt from fees. As with public services, the extent to which internally displaced children and adolescents attend public schools versus those established by the Government in Exile appeared to vary, with most internally displaced persons queried replying that their children were not prevented from attending public schools. Where the opposite is true, UNICEF informed the delegation that it was working with the authorities to promote an inclusive education system enabling the integration of internally displaced children into the normal education system. (Paragraph 55)

However, lack of school supplies, proper clothing and shoes were cited as factors leading to internally displaced children and adolescents failing to attend school. According to a resident of one collective centre visited, these factors accounted for reportedly only half of the 400 internally displaced children living there attending school regularly. As education is so essential to a child’s, and indeed a country’s, development, support must be provided to ensure that children receive the basic supplies required to attend school. (Paragraph 56)

Absenteeism was also attributed to the fact that increasing numbers of internally displaced children have to resort to begging and even criminality in order to assist their families to survive. Supporting income-generating activities for their parents is thus also essential for ensuring education and enhanced future economic prospects for children. (Paragraph 57)

Principle 23 of the Guiding Principles on Internal Displacement affirms that the authorities concerned should ensure that internally displaced persons receive education which respects their cultural identity, language and religion. Furthermore, the Convention on the Rights of the Child recognizes, in article 29.1 (c), that a child’s education shall be directed, inter alia, to the development of “his or her own cultural identity, language and values”. General reference was made to the content of these provisions when the Representative raised the issue of language of education policy with the de facto “President” of Abkhazia. The Secretary-General subsequently reported to the Security Council that there have been “signs that the Abkhaz authorities are taking a more pragmatic and flexible view on the use of the Georgian language in Gali district schools”, pointing out that “[s]uch issues, relating to the education of children, are significant for the decision-making by displaced families considering a return to their former homes”. (Paragraph 81)

Mental Health: In the light of the conditions of the internally displaced, as briefly highlighted above, it is not surprising that mental health concerns also arise. Indeed, they are acute and thus deserve special attention. The traumatic experience of displacement and the conditions of conflict and serious human rights violations in which it occurred, the overcrowding in the collective centres, the dramatic change in lifestyle and living standards associated with displacement (especially for persons from Abkhazia, which was one of the most prosperous regions of Georgia), the sense of dependency created by limited ability to lead productive lives, the years on end of uncertainty concerning their future and their perception of themselves as second-class citizens pose tremendous challenges to the mental health of internally displaced persons. Local NGOs, who have the most direct contact with the displaced, often mentioned psychosocial needs as among their primary concerns regarding the internally displaced. The detrimental effect that the protracted displacement has had on children was noted as being of particular concern. (Paragraph 70)

The prevalence of mental health problems among the internally displaced and the impact that these have on the pursuit of possibilities to improve their living conditions and on the preservation of the family unit calls for comprehensive programmes addressing psychosocial needs. To be sure, a number of such initiatives already exist. For example, an important focus on addressing the psychosocial needs of internally displaced children is provided through the UNICEF programme for training professionals to address the psychosocial needs of children, as well as through the community-based programming run by the United Nations Volunteers (UNV) in cooperation with local NGOs. However, it was suggested that the number of programmes in place is still insufficient to address the magnitude of needs: additional such assistance is required. (Paragraph 73)

Support programmes to address psychosocial needs. The high incidence of mental health problems among the internally displaced and the impact that these have on the pursuit of possibilities to improve their living conditions and on the preservation of the family unit call for comprehensive programmes addressing psychosocial needs, and paying special attention to those of internally displaced children. (Paragraph 130 ix)

Mines: The presence of landmines is another significant security threat that must be addressed before return can occur in conditions of safety. There is a particularly high concentration of landmines along the Abkhazia bank of the Inguri river, where new mines reportedly continue to be laid by Abkhaz forces to deter ethnic Georgians from returning, and in Ochamchira and Tkvartcheli, where there are an estimated 27,000 landmines. Critical work in the area of mine action is being undertaken in Abkhazia by the Hazardous Areas Life-Support Organization (HALO) Trust, which in 1999 established the Abkhazia Mine Action Centre to supervise and coordinate all action in this area. One of the first tasks of the Centre was to undertake a survey and map the minefields throughout Abkhazia and to assess the humanitarian and socio-economic impact of mine laying.39 The Centre also runs mine awareness programmes with the support of UNICEF, which are primarily aimed at schoolchildren. Minefield marking, involving the posting of danger signs, has been occurring in parallel. Demining is actively being carried out by the HALO Trust, which by March 2000 had cleared 415,258 square metres of mine contaminated land, including clearing over 2,500 landmines from the area near the ceasefire line along the Inguri river. Given the magnitude of the problem, significant additional support for demining is required. (Paragraph 90)


UN Special Rapporteur on the rights to freedom of peaceful assembly and of association

Maina Kiai

A/HRC/20/27/Add.2

Country visit: 6 to 13 February 2012

Report published: 8 June 2012

No mention of children's rights.

Countries

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