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The Australian Human Rights Commission: A national disgrace

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Recent happenings involving Professor Gillian Triggs with her lies to the Senate has become too much and she must go...She has repeatedly lied to the Senate on more than one occasion and it is bewildering to many as to why she has not been asked to resign.....Her appointment by Julia Gillard (nuff said) terminates mud 2017.

Mike Kenny sums up Gillian Triggs with her bias.

http://www.theaustralian.com.au/opi...s/news-story/b553cb6c479a25dbbc956c1b985e91f3


From the cheap seats in our demo*cracy it looks like the people in the members’ enclosure are *operating under different rules. The publicly funded political *insiders are quick to denounce mainstream voters as racist, selfish, ignorant and angry yet they excuse their own dishonesty, promote their own hateful invective and seek to entrench their superiority.

And still they wonder at the rise of Pauline Hanson, Nick Xenophon and the like — populists who assume the mantle of political outsiders so they benefit from the same resentment towards the political class that fuels Donald Trump in the US and the UK Independence Party in Britain.

In three seemingly unrelated issues this week we could see how the political elites from the so-called progressive Left were operating under a different code; one far more forgiving than that *applied to conservative politicians or the rest of us. There was a typically jaundiced ABC Four Corners report on offshore processing; a defiant Australian Human Rights Commission president in Gillian Triggs *excused for repeatedly misleading parliamentary inquiries; and a Solicitor-General, Justin Gleeson, setting himself up as a legal oracle to the parliament and the nation. In each case the platform is provided by public money and authority. In each case the individuals are seeking to recast the policy of a democratically elected government. And in each case they claim to be serving a higher goal.

This indulgence — which we might describe as “one rule for them and another for the rest of us” — actually has deep philosophical roots in post-Marxist political activism. It is the belief that the standards expected by the mainstream represent a “repressive tolerance”, as it was dubbed by German-American political theorist Herbert Marcuse. To deliver their nirvana, the elites must rise above the “tyranny of the majority”, he argued, and play by their own rules. “Liberating *tolerance, then,” wrote Marcuse, “would mean intolerance against movements from the Right and toleration of movements from the Left.”

In May refugee activist Julian Burnside QC launched Offshore by Madeline Gleeson, a book attacking Australia’s border protection policies. Burnside suggested Scott Morrison and Peter Dutton should be indicted for crimes against humanity. He said it was incontestable that detention centres at Manus Island and Nauru were concentration camps.

In the audience were the *author’s grandfather, former chief justice of the High Court Gerard Brennan, and her father, Commonwealth Solicitor-General Justin Gleeson. Among Gleeson’s duties is arguing migration cases and defending legal challenges against commonwealth law for the government in the High Court.

Given these responsibilities, and notwithstanding the book was his daughter’s, Gleeson might have been wise not to attend a launch that was so wildly and openly antipathetic to the government’s policies, politics and personnel. Yet Canberra insiders say Gleeson has given the book to at least one senior *bureaucrat and possibly other senior judicial figures (the Solicitor-General’s office would not comment).

Gleeson is now in open political/bureaucratic warfare with his boss, Attorney-General George Brandis. Their dispute has played out publicly before a parliamentary committee. We have a complete breakdown of trust between the *Attorney-General and his official legal *adviser, the Solicitor-*General. Yet, of course, Gleeson remains in his role.

At the heart of this dispute is Gleeson’s inflated concept of his position. Under the act, his role is to “act as counsel” for the government and to “furnish his opinion” to the Attorney-General on *referred matters. In short, the *Solicitor-General is the government’s lawyer.

Yet Gleeson told the committee he would “take instructions from the government of the day but will also owe an ultimate duty to the Commonwealth of Australia and its people”. We, the people, might think the way to fulfil such a duty would be to take instructions from the government.

But Gleeson sees himself as far more autonomous and lofty than that. “I am not just an adviser to the government,” he testified. “Senator, my primary responsibility is to the commonwealth, to the Governor-General and to the parliament,” he explained later.

This is extraordinary. Remember, Gleeson revealed he spoke with Labor’s legal affairs spokesman, Mark Dreyfus, during the election campaign and didn’t tell the *Attorney-General.

As counsel for the government, Gleeson might defend laws in the High Court that were opposed by the opposition in parliament. Yet he contends he can fulfil a duty to the whole parliament rather than the government.

He seems to be trying to set himself up as a higher and independent authority on legal matters — like an auditor-general for legal affairs — when that is not his legislated role. Gleeson should back down but won’t. One rule for them and another for the rest of us.

The opening shot of Four Corners on Monday showed two refugee children on Nauru peering from behind cyclone fencing while the voiceover used the word *detention. Yet the program producers must have known that no children, or adults, have been held in detention on Nauru for more than a year.

The program used YouTube footage of brawling men, a few shots of the ugliest parts of the *island, pictures of decrepit facilities and interviews with refugees and teachers about untested claims of violence and abuse.

Four Corners didn’t mention that two journalists had visited Nauru in the past year (I was one of them), had interviewed refugees and their children, and reported problems and anguish but a more positive reality about conditions and treatment.

The ABC report mentioned *detention 14 times yet failed to make clear that no one had been held in detention on the island for more than a year. It also failed to mention or show new school and hospital facilities or show how many refugees were working and studying on the island.

In short, it was jaundiced and misleading, and deliberately so. It was part of the ABC’s continuing and longstanding campaign against offshore processing.

If there were any evidence that my reports from Nauru, or those of the Nine Network, were as misleading, we could imagine the ABC response. They could not fault them so they ignored them.

One rule for them and another for the rest of us.

When Triggs was confronted with her own outlandish comments — denigrating mainstream voters and their politicians in The Saturday Paper — in a parliamentary committee, her imme*diate response was to deny them. She claimed the quotes were *“inaccurate” or “put in by a sub*editor” or had been used “out of context”.

But when she was told the paper had a recording of her comments, she backed down and sought to “clarify” her evidence.

This is far from the first time she has been exposed for misleading a parliamentary inquiry. *Defending her 18-month delay in holding an inquiry into children in detention, Triggs denied discussing the issue with a Labor minister. After extended and excruciating cross-examination she revealed she had discussed the issue with two Labor immigration ministers.

Triggs also claimed to have seen armed guards at a detention centre and retracted her statement when challenged. And some of the many excuses she offered for *delaying her inquiry didn’t measure up against the facts.

Not only does Triggs remain in her job but her blunders and *apparent deceptions have not even been reported by the ABC, which usually is obsessed by border protection issues and often *reports Triggs’s condemnation of offshore processing. Triggs seems to have some unwritten arrangement with the ABC so it censors her mistakes and embarrassments.

One rule for them and another for the rest of us.

Triggs told The Saturday Paper that Australians “don’t even understand their own democratic system”. She underestimates the people who pay her large salary.

There is a false morality at play and mainstream voters are on to it. Little wonder the disconnect *between the elites and the voters grows deeper.
 
Well I reckon that little hypocrite Tim Wilson should pay back any salary he got for being on the Human Rights Commission after saying it should be abolished.
 
Well I reckon that little hypocrite Tim Wilson should pay back any salary he got for being on the Human Rights Commission after saying it should be abolished.

I agree with Tim Wilson.....I believe it should be abolished.

So what do you think of Gillian Triggs?
 
I agree with Tim Wilson.....I believe it should be abolished.

So what do you think of Gillian Triggs?

So what about Tim paying back his ill gotten gains ?

As for Triggs, if she has lied to the Senate then she should go. I don't see a lot of point in the entire Commission either.
 
So what about Tim paying back his ill gotten gains ?

As for Triggs, if she has lied to the Senate then she should go. I don't see a lot of point in the entire Commission either.

I know Tim Wilson was involved with the AHRC but as for his role in what he did or did not do, I cannot recall seeing very much publicity on his activities.

You seem to have it in for Wilson and I am not sure why.

Gillian Triggs is certainly not worth $400,000 per year.

It will interesting to see how things play out over the Bill Leak cartoon.
 
Against the tenet of the threads title, the opening article seems more about building a case for the Attorney General's power over Parliament in my view.

But the Thread is timely as I was considering one on the Attorney versus Solicitor General myself a few days back and due to topic issues may still be needed.

The "Parliament" is all Parliamentarians.

The "Government" is that group of a like persuasion who have the majority.

In the current make up and including the Senate (which includes Parliamentarians) then the total mix of "persuasions" is about even. And that is the current will of the people.

Law evolves from common practice (Common Law) and eventually by Parliament hand become Statute Law. The Solicitor General is a creature of Statute with a roll to advise the Parliament when asked. The singular and plural applies, whereby or so, that any Parliamentarian can seek counsel on legal matters for the normal business of the day.

This has been common practice for a long time as did Malcolm Fraser, the opposition leader, some 45 years years ago to bring down the Prime Minister of the time Gough Whitlam.

Under the Brandis mode, what happened to Whitlam may not now be possible. In this way, it is my view that Senator Brandis is effectively eroding democracy.

In being available to and providing advice, the Solicitor General is not setting himself up as a higher authority at all. It is the Parliamentarians only, and on the floor of the houses themselves that points of Law have any life or effect. And in that situation it is open for all to ponder speak on and to judge.

On Manus. To the majority of those poor souls, just being on the island with no other alternatives is dreadful detention.

From 11am today I marched with the "Grandmothers against Detention of Refugee Children" under their logo of FREE THE CHILDREN.

I can assure you Noco that steam is building up on this issue and many of the ladies in the group were L/Np
 


In the audience were the *author’s grandfather, former chief justice of the High Court Gerard Brennan, and her father, Commonwealth Solicitor-General Justin Gleeson. Among Gleeson’s duties is arguing migration cases and defending legal challenges against commonwealth law for the government in the High Court.

Given these responsibilities, and notwithstanding the book was his daughter’s, Gleeson might have been wise not to attend a launch that was so wildly and openly antipathetic to the government’s policies, politics and personnel. Yet Canberra insiders say Gleeson has given the book to at least one senior *bureaucrat and possibly other senior judicial figures (the Solicitor-General’s office would not comment).


So the writer effectively bitc4es and moans about the ordered society, then proceeds to stamp his own protocols of behaviour on others. If it was a Labor govt I bet he'd be toasting champagne.
 
As for the AG vs SG, they both have similar yet different roles as far as I can see.

The AG is a politician whereas the SG is a public servant. There would be many cases where it is advantageous to get a non political opinion on matters of law.

I think Gleeson is right to stand up against interference in his independence. It all seems to have settled down now, but I think it's a failure of Turnbull's leadership that it exploded in his face. He should just have got the two of them together over dinner and sorted it out.
 
Law evolves from common practice (Common Law) and eventually by Parliament hand become Statute Law. The Solicitor General is a creature of Statute with a roll to advise the Parliament when asked. The singular and plural applies, whereby or so, that any Parliamentarian can seek counsel on legal matters for the normal business of the day.

Not all parliamentarians have access to the SG. The Act specifies to whom the SG can furnish advice.

The parliamentary clerks would usually provide legal advice to non-ministers.
 
As for the AG vs SG, they both have similar yet different roles as far as I can see.

The AG is a politician whereas the SG is a public servant. There would be many cases where it is advantageous to get a non political opinion on matters of law.

I think Gleeson is right to stand up against interference in his independence. It all seems to have settled down now, but I think it's a failure of Turnbull's leadership that it exploded in his face. He should just have got the two of them together over dinner and sorted it out.

This whole affair AG v SG is a highly political nuisance.

Gillard appoints the SG who is no doubt in my mind is a Labor stooge.......The SG consults with the Shadow AG Mark Dreyfus without the sanction of the AG, solely to concoct up mischief to discredit the AG George Brandis.

Who is responsible to whom?...George Brandis is Gleeson's boss......nuff said.
 
This whole affair AG v SG is a highly political nuisance.

Gillard appoints the SG who is no doubt in my mind is a Labor stooge.......The SG consults with the Shadow AG Mark Dreyfus without the sanction of the AG, solely to concoct up mischief to discredit the AG George Brandis.

Who is responsible to whom?...George Brandis is Gleeson's boss......nuff said.

On points of law there is no mischief. Law is fixed written words. Open to various views of interpretation yes but to say mischief is flaming the situation.

Which of course is what Brandis is trying to do.
 
This whole affair AG v SG is a highly political nuisance.

.

The AG - SG relationship has been a peraceful one for 100 years until Brandis came along. I think that says something about George and his interpersonal abilities.
 
On points of law there is no mischief. Law is fixed written words. Open to various views of interpretation yes but to say mischief is flaming the situation.

Which of course is what Brandis is trying to do.

Hang on....one moment you are saying there is no mischief and the next moment you are saying there is mischief.

You and Rumpy seem to be a bit lopsided....I can understand of course...You would both naturally protect your beloved Green/Labor socialist left mate appointed by Julia Gillard just like she appointed that rat bag Gillian Triggs.

You can bet your boots there is plenty of mischief when Mark Dreyfus is involved.

I should remind you both this thread is about the Human Rights Commission.....Nice diversion to take viewers away from the real issue.....So get back on track and lets talk about the faults of Gillian Triggs and the senate.....Lets talk about how Triggs is trying to discredit Bill Leak.....Typical of the Green/Labor socialist left tactic.
 
I should remind you both this thread is about the Human Rights Commission.....

The article you quoted also complained about the Solicitor General, so it's fair game for this thread.

I'm defending the position of SG, not the individual.
 
Hang on....one moment you are saying there is no mischief and the next moment you are saying there is mischief.

You and Rumpy seem to be a bit lopsided....I can understand of course...You would both naturally protect your beloved Green/Labor socialist left mate appointed by Julia Gillard just like she appointed that rat bag Gillian Triggs.

You can bet your boots there is plenty of mischief when Mark Dreyfus is involved.

I should remind you both this thread is about the Human Rights Commission.....Nice diversion to take viewers away from the real issue.....So get back on track and lets talk about the faults of Gillian Triggs and the senate.....Lets talk about how Triggs is trying to discredit Bill Leak.....Typical of the Green/Labor socialist left tactic.

Do not fret Noco, tonight I attended the 40 year celebration of the Bendigo Branch of Amnesty International. The key speaker Mario Santos spoke exceedingly well and in particular on the criminality (my take) of the Australian Government in their methods and handling of refugees, particularly Manus.

Just home now so I will ruminate overnight and get this thread right back on track for you tomorrow.
 
Do not fret Noco, tonight I attended the 40 year celebration of the Bendigo Branch of Amnesty International. The key speaker Mario Santos spoke exceedingly well and in particular on the criminality (my take) of the Australian Government in their methods and handling of refugees, particularly Manus.

Just home now so I will ruminate overnight and get this thread right back on track for you tomorrow.

Yes and Amnesty International are in cahoots with the socialist left wing of the ABC.......They have already made false statements which they had to retract from....Nice lot they are young fellow and you are happy to go along with them by attending their meeting.
 
Just how far will Gillian Triggs go?......She is an embarrassment to herself and the AHRC.

http://www.theaustralian.com.au/new...t/news-story/bd267c232eb195ce4209c35c46443ca8


Lawyers for cartoonist Bill Leak and The Australian have accused the Human Rights Commission of outright bias and warned of legal action to restrain the federal body and its head, Gillian Triggs, from investigating a drawing.

The newspaper yesterday *issued its formal legal response to the commission after The *Australian and Leak were put on notice that they were being *investigated for alleged “racial hatred under the Racial Discrimination Act” for a cartoon *depicting the neglect of indig*enous children by their parents.

The lawyers for Leak and the newspaper state that, if necessary, they will produce evidence to *establish the August 4 cartoon was drawn in good faith and did not breach section 18C, and that indigenous people would *testify they were not “offended, insulted, humiliated or intimidated” by it.

Their letter states they will rely on evidence from “sociologists and criminologists, as well as *witnesses having direct daily *exposure to the problems associated with juvenile crime and *recidivism in remote Aboriginal communities, to establish that the point made by Leak’s cartoon is both a ‘genuine’ matter of concern and a legitimate issue of ‘public *interest’’’.

Jodie Ball, the delegate for commission president Professor Triggs, advised the newspaper this month that an investigation under section 18C had been triggered by complainant Melissa Dinnison, who says she has *“experienced *racial hatred” and been discriminated against as a result of the *cartoon.

In Leak’s and the newspaper’s reply yesterday to Professor Triggs, who has faced resignation calls this week after falsely claiming to a Senate committee that journalists at Melbourne’s The *Saturday Paper fabricated her quotes, the commission is charged with “playing politics” with the welfare of children.

A different law for elitesOMore: A different law for elites
Activism undermining the nationOMore: Activism undermining the nation
‘You keep fighting these cases’OMore: ‘You keep fighting these cases’

Solicitor Justin Quill and barrister Tony Morris QC, lawyers for The Australian and Leak, call on the commission to bow out of the investigation immediately and appoint an external lawyer to run it because of the conduct of the Race Discrimination Commissioner, Tim Soutphommasane.

LETTER: Read the formal legal response in full

Their written response highlights comments Dr Soutphommasane made in Fairfax Media and on social media in early *August in which he invited and *encouraged complaints against Leak’s cartoon.

He appeared to confirm the *accuracy of the comments during a Senate committee hearing on Tuesday when he rejected suggestions that he had acted inappropriately or had prejudged the cartoon.

The legal letter states that as Professor Triggs sat beside Dr Soutphommasane and “made no attempt to distance herself from his statements”, the commission was compromised by their *conduct.

“That Dr Soutphommasane prejudged the factual and legal basis for a complaint against our clients is bad enough … but the fact that he positively invited and *encouraged, even urged, the making of such complaints is utterly *indefensible,” the letter says. “There can be no doubt that a disinterested observer, with knowledge of the relevant circumstances, could only entertain the most extreme misgivings regarding the (commission’s) capacity to deal with Miss Dinnison’s complaint impartially and free from any taint of prejudgement.

“It follows that, at the very least, a reasonable apprehension of bias arises.

“Accordingly, our clients *require that the (commission) take no further part in any inquiry into, or any attempt to conciliate, Miss Dinnison’s complaint.”

The legal response adds that if the commission continues with the complaint despite what was described as a “pervasive conflict of interest”, the newspaper and Leak would immediately take *injunctive action. The commission was criticised for sitting on the August 4 complaint for two months before disclosing it, a delay described as “unacceptable”.

The response states: “It is a matter of public record by her own admission that (commission) president Professor Triggs orchestrated the timing of the National Inquiry into Children in Immigration Detention (report) for political reasons.”

The response flags a potential High Court argument by stating that “if section 18C makes Mr Leak’s cartoon unlawful, then (18C) is not appropriately adapted and compatible with the implied constitutional right to free speech”. “Our clients are also *entitled to know the grounds on which Miss Dinnison claims to have been ‘discriminated against because of her race’, and to have ‘experienced racial hatred’,” it says. “Is she, herself — or does she identify as being — Aboriginal or indigenous? Does she live in a *remote community like that *depicted in the cartoon?

It adds: “Accordingly, our *clients will require a full and fair opportunity to challenge, including by way of cross examination, any evidence which may be *offered … in support of what our clients regard as an outrageous slur on their personal judgment, their moral probity and their journalistic ethics.”

In the cartoon, an indigenous uniformed Northern Territory police officer presents an indigenous youth to his father in an outback setting and says to the father: “You’ll have to sit down and talk to your son about personal responsibility.” The indigenous father, who is holding a can of beer, replies: “Yeah righto, what’s his name then?”

Aboriginal intellectuals and frontline workers who praised the cartoon said it confronted painful truths about a fundamental reason for the chronic neglect and abuse of indigenous children, but others slammed it as a racist and ugly *attempt to stereotype indigenous fathers as recklessly irresponsible.

Attempts by The Weekend Australian to contact Miss Dinnison, who grew up near Perth, were *unsuccessful. Her father said, “I think you’ve got Buckley’s chance” when asked if she would be interviewed.

Ms Ball has advised the newspaper in writing that “if a complaint cannot be conciliated, or is terminated for some other reason, the person affected by the alleged discrimination may apply to the Federal Circuit Court of Australia for the court to decide the allegations”.

The Racial Discrimination Act’s section 18D provides a *defence to an 18C breach if the *cartoon is found to have been published reasonably and in good faith “in the performance, exhibition or distribution of an artistic work; or in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest”.

The defence can also be cited in making or publishing “a fair and accurate report of any event or matter of public interest; or a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment”.

In an ongoing 18C case, three white students from the Queensland University of Technology, who wrote Facebook posts about being told to leave an indigenous-only computer lab on the main Brisbane campus in May 2013, are accused of racial hatred and being sued for $250,000 in the Federal Circuit Court by the QUT staffer who ejected them.

Mr Morris is representing two of the students, Calum Thwaites and Jackson Powell. A lawyer *appointed by Professor Triggs is investigating allegations, which she emphatically denies, of a breach of statutory requirements by the human rights body in the QUT case, and of breaching the students’ human rights.
 
Tax Payer Funded Activism is under minding the Nation and should be stopped.


http://www.theaustralian.com.au/opi...n/news-story/528a5001ad770e4d15431e1f64c0ddc6


Gillian Triggs may well be the nation’s highest paid activist. The Australian Human Rights Commission president draws a $417,800 annual salary from taxpayers and spends much of her time advocating for pet political causes, in particular to dismantle the offshore processing element of our border protection regime. Her rhetorical flourishes, emotive posturing and wild claims differ little from those of the vocal activists who campaign for no recompense. Professor Triggs also benefits from the gravitas accorded her views because of her position. Yet, as we have seen again this week, Professor Triggs has a habit of giving misleading evidence to public inquiries and having to change her statements after people draw attention to errors. After more than four years in her role, this habit has diminished her effectiveness and undermined confidence in the AHRC.

For more than a year The Weekend Australian has highlighted concerns about why the AHRC failed to launch an inquiry into children in detention when Professor Triggs first decided it was a pressing issue under the Gillard Labor government in 2012. Instead it waited until almost two years later when the Coalition was in government and the flow of asylum-seeker boats was stopped. The president’s evasions, misstatements and corrections on this issue failed to erase the perception that politics were at play. In the past three years enormous damage has been done to the AHRC’s standing because of this taint of partisanship. The commission also has become embroiled in other controversies such as recommending compensation for a refugee who killed his wife and taking up complaints under section 18C of the Racial Discrimination Act against this newspaper’s cartoonist Bill Leak and a group of Queensland students who mocked the idea of an Aborigines-only computer room at university.

Incredibly — in the true sense of the word — Professor Triggs has told CNN that it is her freedom of speech that is under threat in this country, not that of the people the AHRC seeks to silence. In the wake of a silly report from the UN Human Rights Council, Professor Triggs told CNN the Australian government was muzzling entities such as the AHRC. “It is essentially a violation of the right to freedom of speech and it has impacts on so many areas of the law,” she said. As far as we know this is one statement she has yet to retract or “clarify”. To borrow a slogan she may remember, it’s time. Even though her term expires before the middle of next year, given Professor Triggs’s latest humiliations she would best protect the AHRC if she were to resign.

The taxpayer-funded political activism that Professor Triggs has come to personify is a deep and broad problem. Four Corners this week continued the ABC’s long-running, jaundiced and deceptive campaign against strong border protection and offshore processing. In its eagerness to demonise government policy, the public broadcaster portrayed Nauruan people and Australian staff on the island in an appalling light. Rather than focus on the obvious toughness and difficulties of the policy and the possible solutions, the ABC — in cahoots with activist groups — is intent on accusing Australia and Nauru of brutalising and even torturing people.

Such campaigning is encouraged by many publicly funded institutions, especially our universities. Refugees, climate change and identity politics have become the defining issues of our age for so-called progressives. By proclaiming progressive positions on these issues, many define themselves as morally superior and are exempted from normal constraints of debate such as facts, reason and tolerating the views of others. Many groups receive public funds or are given tax-free status. We need a diversity of views but it seems occasionally absurd that green groups receive government support to protest against developments governments encourage. Refugee advocacy centres are funded to challenge government policy. And activists at the extremes of gender politics are funded to develop insidious social engineering projects such as Safe Schools. As a society we seem to lack the courage to defend the values and policies that underpin our success. Yet we help groups that undermine policies, projects and institutions that benefit all of us. We need a stocktake.
 
Game set and match to you Noco. :banghead:

Your bias makes reasonable discussion impossible so my efforts will be better spent elsewhere.
 
Game set and match to you Noco. :banghead:

Your bias makes reasonable discussion impossible so my efforts will be better spent elsewhere.

You have been owned by a verisimilitude based predominantly on a quantitative fallacy.:rolleyes: Betcha didn't know that.:D
 
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