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Sammy Ford

Professor Bersia

INR4933

29 November 2017

Bonded Labor in Pakistan

INTRODUCTION

This paper focuses on a specific form of labor trafficking in Pakistan known as bonded labor.

The term “labor trafficking” is understood to be “the range of activities—recruiting, harboring,

transporting, providing, or obtaining—involved when a person uses force or physical threats,

psychological coercion, abuse of the legal process, deception, or other coercive means to compel

someone to work” (“What is Modern Slavery?”). After gaining a better understanding of the

social and political landscape of Pakistan and its state of bonded labor, the two will be analyzed

together. How do the political and social landscapes of Pakistan help perpetuate bonded labor?

What—if anything—can be done to combat these issues together? This more comprehensive

understanding is hoped to help inform decision-making when it comes to creating helpful

policies to combat bonded labor in Pakistan. This paper cannot hope to encompass every facet of

this complex issue fully, but it is the hope that it at least gets more productive conversation

started.

OVERVIEW OF PAKISTAN

Created out of India in 1947, Pakistan is currently the sixth largest country in the world with a

population of 207,774,000 people. It is a majority Muslim country run through a federal


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parliamentary republic that has Islamic law influence. Most of the seats in its parliament are held

by Muslims, with about 60 seats reserved for women and 10 seats reserved for non-Muslims

(“The World Factbook – PAKISTAN”). Its four major provinces include Khyber Pakhtunkwha,

Balochistan, Sindh, and Punjab. Punjab is the most populous province, with a population of over

110,000,000 people (“6th Population and Housing Census”).

The leaders of what is now Pakistan wanted to leave India due to fear of being the

Muslim minority. Tension was heightened in the new country as groups formed to fight for

resources and a social order that would keep them in the conversation. Violence began to break

out between all groups—minority and militant alike—that continues to this day. These groups

form in an attempt to directly appeal to specific sects of people so as to gain power, defining

them from religious beliefs to cultural practices. Even as the government attempts to ban them,

these groups will often just re-form under new names. These groups also hold major sway, as

“[m]ainstream political parties often rely on sectarian and hard-line groups for help in local and

national elections, and create politically expedient alliances in order to win over religious voter

blocs” (Imtiaz).

Blatant discrimination and violence against minorities has created an environment filled

with vulnerable populations. This vulnerability makes it easier for these people to be exploited

through human trafficking, as many of them are desperate for economic stability.

PAKISTAN AND ITS STATE OF TRAFFICKING

According to the US State Department’s Trafficking in Person’s report, Pakistan is graded as a

Tier 2 Watch List country, and does not fully meet the minimum standards for the elimination of

trafficking, but is making efforts to do so. It should be noted, however, that this is Pakistan’s
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fourth year in a row on the Watch List. It is a source, transit, and destination country. Sex

trafficking sees a lot of inward movement into the country, from places such as Russia,

Uzbekistan, Bangladesh, and China. A lot of labor trafficking occurs within the borders of the

country, though outward movement can also be seen to countries such as South Korea, South

Africa, United Arab Emirates, Ukraine, and the United Kingdom (“Human Trafficking Flow

Map”). Pakistan’s biggest human trafficking issue is a form of labor trafficking referred to as

bonded labor, or debt bondage (“Pakistan – Trafficking in Persons Report”).

Pakistan did not ratify the 2000 UN TIP Protocol, which is one of the three Palermo

protocols (“Pakistan – Trafficking in Persons Report”). Its full name is the Protocol to Prevent,

Suppress and Punish Trafficking in Persons, Especially Women and Children, and aims to help

nations create standardized anti-trafficking strategies by providing help drafting laws and

resources to implement them. Because of that, some of its laws contradict the UN’s standard,

such as section 369A of the Pakistan Penal Code. It “does not define the prostitution of children

younger than age 18 as an act of human trafficking in the absence of coercive means” (“Pakistan

– Trafficking in Persons Report”). It should be noted that there is no age of consent in Pakistan,

because any sex outside of marriage is illegal under Islamic law (which Pakistan follows).

However, any girl who has gone through puberty, “defined as the onset of menstration,” can be

married (Naqvi).

There was also limited government help provided to victims of trafficking. The Federal

Investigative Committee was put in charge of this effort, and in 2016 it referred 131 victims to

NGOs and rehabilitative services, and the provincial police referred only 220 of the over 4,500

victims they identified to such facilities. “Civil society continued to provide most victim

services, without provision of government support” (“Pakistan – Trafficking in Persons Report”).


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Nonetheless, there has been progress. Sindh put it to law that bonded labor be prohibited,

and along with Punjab the two governments criminalized child sex trafficking and forced labor.

Balochistan established District Child Protection Units that gave children in need of appropriate

government services—including trafficking victims—help through case management. Punjab

was also successful in opening its first wholly integrated women’s shelter and removing about

79,000 children working in brick kilns. They were also the only province to report convictions

for bonded labor, despite the total number being a mere ten, which is low for how huge of a

problem bonded labor is in Pakistan. This is most likely due to official complicity, an issue that

will be touched on more later in this paper. Overall, it’s important to know that while Pakistan is

making strides in sex trafficking-related issues, their efforts to combat labor trafficking have

been incredibly poor (“Pakistan – Trafficking in Persons Report”).

So how does bonded labor, or debt bondage, manifest itself in Pakistan? And what are its

ties to a social order that has been in place in Pakistan since its inception?

DEBT BONDAGE/BONDED LABOR IN PAKISTAN

Bonded labor (or debt bondage) is a recognized form of human trafficking by the US State

Department and United Nations. Debt bondage is best defined as:

“…a creditor-debtor arrangement by which a person is forced to work off a debt,

legitimate or otherwise, in which [their] movement and/or free will is controlled. When

external factors, such as custom or force, eliminate the possibility of repayment by the

victim and/or succeeding generations the condition becomes Bonded Labour”

(“Definitions/Taxonomy Database”).
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It is important to note that a bonded laborer is at the mercy of their employer, as interest rates are

not fixed (or reasonable) and their “terms and conditions are either unspecified or not followed”

(International Labor Organization, 21). In short, people are given a loan by someone, and

subsequently pay it off through employment to that person. When their employer does not pay

them; does not uphold established interest rates of terms of employment; or threatens and abuses

them when they do not follow expectations or meet quotas, that person is a bonded laborer and

therefore a victim of human trafficking.

In Pakistan, bonded labor is most often seen in the agricultural and brick kiln industries in

the Sindh and Punjab provinces, though it occurs in its other two provinces as well (“Pakistan –

Trafficking in Persons Report”). As of 2015, it was estimated that there was anywhere between

three and eight million bonded laborers in Pakistan (Aslam). Many of these bonded laborers—

particularly in the brick kiln industry—belong to the Christian minority (Al Jazeera English). If

those numbers alone don’t point towards some sort of official complicity, couple it with the fact

that bonded labor has been outlawed in Pakistan since 1992. The Bonded Labor System

(Abolition) Act of 1992 explicitly states that “it is necessary to provide for abolition of bonded

labour system with a view to preventing the economic and physical exploitation of the labor

class in the country…the bonded labor system shall stand abolished and every bonded labourer

shall stand freed and discharged from any obligation to render any bonded labour.”

And yet, to go back to the US State Department’s Trafficking in Persons Report for

Pakistan, the country only reported 11 forced labor investigations in the past year and 0

convictions. Official complicity plays a huge factor in why this discrepancy exists, but it runs

deeper as well, paralleling with the idea of feudalism.


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Feudalism The feudal system in Pakistan can be seen played out in the country to this day.

Currently, only a small portion of Pakistan’s booming population own most of the land: half of

the arable farming land is owned by farms of 50 hectares or more, but some landowners have up

to 30,000 hectares of land (Ishtiaq). To put this in perspective, that’s about 74,131 acres, or just

as many American football fields. Poor farmers working these fields earn very little money:

usually $35 to $55 a month, between crop shares and small wages. With such little income,

they’re left with one option: taking a loan from these wealthy landowners and paying it off by

working the land, typically a five hectare (or 12.36 acre) plot. With high interest rates and

unclear terms, most families are trapped by these debts for generations (Ishtiaq). Similar themes

are seen at the brick kilns of Pakistan.

Moving on to a new job is often out of the question, as many of these poor farmers are

illiterate and cannot afford to spend time or money going to school. Not only that, but these

farmers are at the will of their landlords; fear typically defines the relationship. The wealthy

landowners could easily pay for the education of their farmers, but this would also mean that

they’d lose their workers, an option that’s simply out of the question. To step out of line, then, is

to risk one’s livelihood.

“‘The big landlords pervade the political system and establishments, so it is very difficult

to get rid of the feudal system’” (Rehman in Ishtiaq). Because these landowners own so much

land, they hold huge amounts of money. This money then ties directly to political influence, and

makes it easy for landowners to bribe law enforcement officers and other government officials to

look the other way. Not only that, but the government and military have married into these feudal

powerhouses and “acquired land through shady deals inside the government” (Ishtiaq). They can
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also easily win seats in the legislature just by “exercising power over people living on their

lands” (Ishtiaq).

In fact, the situation is so bad that should a bonded laborer—say from a brick kiln—go to

the police station to report that they, along with their family, are being subjected to bonded labor,

they are not safe. Police officers will, upon finding out who the family’s owner is, will do one of

two things. Sometimes, they’ll call the owner before leaving with the family member—for

supposed extraction of the rest of the family—so that the owner can hide the rest of the family.

When the family member who reported the incident arrives with the police, the police then claim

they can’t do anything because the family isn’t there. Other times, the police will take the family

member to the owner’s property under the premise of extraction just to return them to their

owners (Aslam). Subsequently this family member—along with the rest of the family—will be

punished brutally for daring to do such a thing. Sometimes this sentence can be as harsh as death,

but other times the crime can be even worse, such as raping a child in the family in front of the

others (Al Jazeera English).

A CLOSER LOOK

Bonded labor is found in a variety of sectors, but in Pakistan it is most commonly seen in two

sectors: agriculture and brick-making. Understanding these environments is critical to

understanding not just what bonded laborers go through, but the different issues at play. This is

not just a matter of someone being forced into servitude: larger forces lead people to

vulnerability, and thus create situations of bonded labor. Looking at personal narratives of

bonded laborers will help supplement the available information regarding bonded labor in these
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sectors. With official complicity as an undeniable thorn in Pakistan’s bonded labor issue, these

personal viewpoints will ideally help balance the possible bias in more official reports.

Bonded Labor in the Agricultural Sector The most important thing to know about bonded labor

in this sector is that it is not seen as slavery to the zamindar, or agricultural landlord. To them,

this is nothing but a tradition, one older than anyone can tell you (Hassan). Besides that, the

zamindars aren’t worried about breaking any laws, as they’re the ones who hold a huge amount

of power. After all, who is there to really look out for these peasants (hari) and their families that

are put in these positions, anyway?

Most of the agricultural bonded laborers are found in the province of Sindh, where

there’s an estimated 1.2 to 1.3 million bonded laborers (Ali). The Sindh Tendency Act, passed in

1950, was supposed to “address the duties of tenants and landlords and [provide] means for the

division of produce between them…neither the ‘hari’ nor his family is required to provide free

labour to the ‘zamindar’” under this act (Ali). It doesn’t not define what qualifies as free labor

and what doesn’t, however, and is left to the discretion of the landlord. The Act does allow hari

to “file complaints before a tribunal, headed by a mukhtiarkar,” or an official revenue collector.

However, “the labourers always fail—the official never pays their protests any attention and

affords them no respect. The mukhtiarkar serve the interests of the zamindars” (Hassan).

Hari migrate to areas with cultivated land and are picked up by zamindar as a source of

cheap, easy labor. They don’t care who they take, but most often the vulnerable minorities of

low-caste Hindus such as kohli and bheel and other non-Muslims are the ones found in these

situations (Hassan). They then take out a small loan to pay for their weddings or funerals, and are

then stuck on their landlord’s farm until the loan is paid. Due to the poverty and associated lack
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of education, these hari are then stuck in situations in which they cannot calculate if their

payments and interest are being handled fairly, and are trapped for life (Ali).

The conditions are grueling. “Sometimes they are kept in chains, under the surveillance

of armed guards. Although the zamindar provides his labourers with food, there is never enough

of it—a handful of flour is all each family gets. As a result the hari suffers from malnutrition”

(Hassan). The law does not allow for agricultural workers to unionize, “which prevents them

from bargaining collectively…or check against brutalities like forced labour” (Ali). They work

from sunrise to sunset, and as Ahmed Khan, a bonded laborer in Attock, describes, “My father

lived liked this, and now my four sons are also bound to the land… I know only that I am

working for my family’s survival, and that if I don’t work no one will feed my children, not even

the government” (Ishtiaq).

Because these bonded laborers must ask permission for everything from their landlords,

they cannot break the cycle through actual poverty solutions, like education. Instead they remain

trapped, generation after generation, working a debt that will never be repaid, on land that they

have never owned. “It has owned [them]” (Khan in Ishtiaq).

Bonded Labor in the Brick Kilns The story doesn’t get better in the brick kilns of Punjab, where

5,000 brick kilns are located, more than any other province (Al Jazeera English). Workers pay

off their debt by working for a certain period of time. They receive no pay, and must meet a

quota of somewhere around 1,000 bricks a day. This leaves workers with about 22 hours of work

a day—often with extended members of the family in order to get it done, as they make the

bricks entirely by hand. Illiteracy leads to most brick kiln owners unclear on what they’re signing

up for when they take on loans from these brick kiln owners. Should they not satisfy repayment
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of debt to the brick kiln owner’s liking, the debt can extend past the original debtor’s debt. This

leads multiple generations of a family working a brick kiln at the same time in an attempt to

make quota and be freed from their debt (Al Jazeera English).

Their story is similar to that of the bonded laborers in the agricultural sector, though these

people are often those who were unable to find work on those large farms, or lost their small

farms to industrialization. Desperate for work and strapped for money, it is the poor minorities

that find their way to the brick kilns for work. They end up needing money—to pay for simple

necessities, or a special occasion as with the others—and become indebted to these brick kiln

owners. The contracts they sign become mere formalities. Most of the laborers in Punjab are

Christian, and it’s estimated that “[a]across the country… more than half of the brick-kiln

workers [are expected] to be non-Muslim” (Ercelawn and Nauman).

Entire families work at the brick kilns under the harsh beating son. The larger brick kilns

are kept watch under the sharp eye of armed guards, who are positioned in towers around the

perimeter of the property. If someone tries to escape, they are given orders to shoot (Al Jazeera

English).

Desperate to pay off the debt and be freed, some brick kiln workers turn to organ

trafficking. As one brick kiln worker describes, “An agent approached me… He said, ‘You can

get rid of the debts by selling a kidney.’ They took me to a hospital in Lahore where they

operated… The agent took half [of the $1800 profit] and the brick kiln owner took the other half

for my debts. After selling the kidney, I’m still in debt.” Another laborer was approached by his

brick kiln owner with an offer of 500,000 rupees for the laborer’s kidney, as his relative needed a

replacement for his diseased one. They removed his kidney, but the bonded laborer received

none of his promised payment (Al Jazeera English).


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Another man describes his experience, describing how he took out a loan of 30,000

rupees (approximately $300) to help pay for his sister’s medical bills, as his father wasn’t getting

his salary in time to cover the costs. At the end of three months, when he expected to be done

paying off his debt, he was told he owed the brick kiln owners 90,000 rupees. Soon after, it

jumps to 900,000. “It’s like quicksand,” he says. “They only pay you 200 rupees per 1000 bricks,

and it all goes to them, and the debt keeps growing.” He goes on to say that every year the brick

kiln owners get together and sell their laborers to each other. He concludes—horrifyingly

enough—that “ten days ago, my entire family was sold for 2.2 million rupees” (Anonymous in

Stanton).

Everyone is expected to work. "Even a lady who has given birth to a child, she has to

work there. If she will not, she will be treated harshly” (Fatima in Sayah). In fact, pregnant

women are expected to work through their pregnancy, and come back to work the day after

they’ve given birth (Al Jazeera English).

Another problem with brick kilns is the lack of oversight and government intervention.

Provincial labor agencies do not have all of the brick kilns registered, and there are no solid

numbers to be found in either number of brick kilns or how many workers—particularly those in

bonded labor (Ercelawn and Nauman). Some numbers put the estimates somewhere between

three to eight million people trapped in bonded labor in Pakistan—some as young as three years

old (Aslam). Other estimates put the numbers as high as ten to twelve million (PILER in

Whiteman). Despite these huge numbers, brick kiln owners have a relatively easy time retaining

the status quo. Because all the bricks produced are used locally, there is no international labor

law oversight, and they can continue to lean heavily on their influence to gain official

complicity.
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COMBATTING BONDED LABOR IN PAKISTAN

Despite the desperation of the situation in Pakistan, there are efforts being made to improve

conditions. They are by no means a solution to dismantling the prevalence of bonded labor in the

country, but further considerations may be able to support these attempts to combat the issue.

Analyzing the work currently at play is key to figuring out what can still be done to end the

injustice of bonded labor in Pakistan.

Current Efforts Perhaps the most prominent voice to be heard against the siege of bonded labor

in Pakistan is that of Syeda Ghulam Fatima, the General Secretary of the Bonded Labour

Liberation Front (BLLF) in Pakistan. Their mission is “to organize and educate workers to

improve working conditions, raise living standards, protect workers’ ability to exercise their

rights, and address the workplace exploitation of children and other vulnerable populations”

(Bonded Labour Liberation Front Pakistan). As of 2016, she and the BLLF had rescued over

80,000 bonded laborers in Pakistan. After rescue, they provide victims legal aid, shelter,

protection, and helps them integrate back into society (“Syeda Ghulam Fatima”). She is a tireless

advocate that is unafraid to stand up to uncooperative courts and drive to brick kilns herself to

rescue bonded laborers from their owners, despite being beaten, shot, and threatened constantly

by her opponents. In 2016, the US State Department named her as one of their Trafficking in

Persons Heroes (“Syeda Ghulam Fatima”).

About two years ago, the popular Facebook page, Humans of New York—a blog that

gives the public a glimpse into the lives of strangers in not just New York City, but twenty

countries—was in Pakistan, telling some stories, when they stumbled across Fatima. Brandon
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Stanton, the blog’s creator, posted a picture of her, introducing Fatima and her goals to the

world. He then started a seven-part series highlighting the issue of bonded labor in the brick kiln

industry, challenging his followers to help Fatima end bonded labor in Pakistan by donating to

BLLF. Three days later, and over $2 million had been raised (Whiteman). Stanton notes the

enormity of this type of money, as “the purchasing power of a dollar in Pakistan is about 5x

greater than in the United States.” The money from these grassroots efforts provide fund to help

create more freedom centers for those freed from bonded labor, to pay off debts for laborers still

trapped—the possibilities are endless.

Recently, the Society of Protection of Rights of Child has also made a push to pressure

governments to enroll freed child bonded laborers in schools, and provide them the necessary

facilities to do so. Their National Manager, Kashif Bajeer, has begun to speak to the media to

bring attention to the issue, stating that there were approximately 3.3 million child laborers in

Pakistan. Those freed were not receiving birth certificates or any voting rights on top of their

lack of education. Bajeer has also encouraged the government to “conduct a child labor survey to

measure the social, civil, political, and economic settings and policies required for ensuring

children’s rights in the country” (“Need to Enroll Bonded Labourer's Children in Schools:

SPARC”).

Still To Be Done Pakistan first and foremost needs to give real weight to reported cases of

bonded labor. To do this, they could increase their number of prosecutions and convictions. They

would also need to investigate officials that are alleged to be complicit in bonded labor practices,

and convict them if found guilty. Freed bonded laborers also need to be provided identification

documents and given access to government services, including rehabilitation services. They also
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need to improve their methods and execution of collecting, analyzing, and reporting their anti-

trafficking data (“Pakistan – Trafficking in Persons Report”).

With the Bonded Labor System (Abolition) Act of 1992, and the additional rules instated

in 1995, bonded labor should technically be illegal in Pakistan. With their lack of enforcement,

however, the laws are almost moot. These laws need to be upheld if there’s to be any hope of

diminishing this growing problem. The problem of official complicity, however, needs to be

tackled if there’s any hope of these laws becoming useful. Not only that, but Pakistan needs to

“strengthen the capacity of provincial governments to address human trafficking, including

bonded labor, through training, awareness raising, funding, and encouraging the creation of

coordination taskforces and the adoption of provincial-level anti-trafficking plans” (“Pakistan –

Trafficking in Persons Report”). If the government took advantage of systems already being

implemented—such as programs created through the BLLF—and backed them instead of fight

them, they would have the potential to be well on their way to accomplishing these goals. They

need not start from scratch.

There are bigger issues that they could tackle that would help the problem of bonded

labor as well. If they managed to better parcel out their land, rather than letting such large chunks

of it be owned by so few people, they could start dismantling the feudal system that helps

perpetuate bonded labor. While it’s true that these large landholders are influential in

government and therefore have little incentive to do such a thing, they must consider all of the

other positive impacts such a move could make outside of bonded labor. According to a 2004

World Bank report, productivity is higher on small farms than large ones, because (regarding

bonded laborers on large farms) “without ownership the farmers themselves have little or no

access to agricultural credits, the right fertilizers, appropriate technology, or marketing know-
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how” (Ishtiaq). Higher productivity could boost the economy, therefore helping the country’s

GDP.

But it can’t stop at providing land ownership. More educational opportunities need to be

offered to the low-income and minority populations that most suffer from bonded labor. It’s not a

secret that education can boost a country’s economy and quality of life across the board. The

opportunities that these folks would have through education would help prevent them from ever

ending up at the point where bonded labor is their only option.

But to do this, Pakistan would ultimately need to improve its minority relations.

Following bonded labor backwards, this seems to be the root cause. Improving minority relations

requires something deeper than an enforcement or imposition of a law—it would require the

entire country to begin to change its mindset. It’s hard to say how Pakistan can get this process

started, but it will certainly be a long one. It will require the commitment of government officials

and the willingness of every Pakistani. It could certainly be argued, however, that by improving

educational opportunities, enforcing current bonded labor laws, and dismantling feudalism, that

minority relations would be improved. In fact, they seem to be the tangible actions that Pakistan

can take to do so. One thing is for certain, however: it’s hard to have a conversation about

bonded labor in Pakistan without addressing these other issues.

CONCLUSION

Looking at bonded labor in Pakistan through this multifaceted lens is arguably the only way to

have any chance at having productive conversations about combatting it. But it’s also important

to consider that, with official complicity in Pakistan, it’s very easy for the country to say they’re

taking certain actions while doing just the opposite. (We can see evidence of this already in The
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Bonded Labor System (Abolition) Act of 1992 and the lack of difference that followed.) How

can we hold Pakistan accountable, then, considering that we also don’t want to damage foreign

relations with them? Perhaps a multi-nation push to pressure Pakistan into doing better?

Ultimately, this research does not intend to give advice about international policy

decisions. It sought to identify what bonded labor looks like in Pakistan, and analyze how that

was a reflection of the country’s political and social landscape. While it’s true that efforts are

being made to improve the situation, it’s also true that much more can be done to lessen the huge

problem of bonded labor. Some points of interest were identified in the hopes that they can help

inform future discussions about combatting bonded labor in Pakistan. With continued attention

being drawn to Pakistan’s bonded labor issue, we can only hope that real progress will be made

for the laborers and their families still suffering under this form of modern day slavery.
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