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{"id":6317,"date":"2017-12-04T16:23:26","date_gmt":"2017-12-04T16:23:26","guid":{"rendered":"https:\/\/www.ardi-ep.eu\/?p=6317"},"modified":"2017-12-11T12:44:26","modified_gmt":"2017-12-11T12:44:26","slug":"report-on-fundamental-rights-aspects-in-roma-integration-in-the-eu-fighting-anti-gypsyism","status":"publish","type":"post","link":"https:\/\/www.ardi-ep.eu\/report-on-fundamental-rights-aspects-in-roma-integration-in-the-eu-fighting-anti-gypsyism\/","title":{"rendered":"Report On Fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism"},"content":{"rendered":"
(25\/10\/2017)<\/p>\n
Soraya Post<\/strong><\/p>\n European Parliament report on Fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism<\/strong><\/p>\n (2017\/2038(INI))<\/p>\n The European Parliament<\/em>,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the preamble to the TEU, in particular the second and fourth to seventh indents thereof,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to, inter alia, Article 2, Article 3(3), second indent, and Article 6 of the TEU,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/em><\/strong>having regard to, inter alia, Article 10 and Article 19(1) of TFEU,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Charter of Fundamental Rights of the European Union of 7 December 2000 (\u2018the Charter\u2019), which was proclaimed on 12 December 2007 in Strasbourg and entered into force with the Treaty of Lisbon in December 2009,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the UN Convention on the Rights of the Child, adopted in New York on 20 November 1989, in particular, its Article 3,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to UN Resolution A\/70\/L.1 adopted by the General Assembly on 25 September 2015 entitled \u2018Transforming our world: the 2030 Agenda for Sustainable Development\u2019,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to UN Resolution A\/RES\/60\/7 adopted by the General Assembly on 1 November 2005 on the Holocaust Remembrance,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Council of Europe Framework Convention for the Protection of National Minorities,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Declaration of the Committee of Ministers of the Council of Europe on the Rise of Anti-Gypsyism and racist violence against Roma in Europe, adopted on 1 February 2012,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to General Policy Recommendation No 13 of the European Commission against Racism and Intolerance (ECRI) on combating anti-Gypsyism and discrimination against Roma,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Charter of European political parties for a non-racist society, adopted by the Congress of Local and Regional Authorities of the Council of Europe at its 32nd Session in March 2017,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Council of Europe Parliamentary Assembly Resolution 1985 (2014) \u2013 The situation and rights of national minorities in Europe, and Resolution 2153 (2017) \u2013 Promoting the inclusion of Roma and Travellers,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the statement by Secretary General Thorbjorn Jagland of 11 April 2017 on 10 goals for the next 10 years,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the ILO Convention concerning Discrimination in Respect of Employment and Occupation, 1958 (No. 111),<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to Council Directive 2000\/43\/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin[1]<\/a>,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to Council Directive 2000\/78\/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation[2]<\/a>,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to Directive 2012\/29\/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001\/220\/JHA[3]<\/a>,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to Regulation (EC) No 883\/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems[4]<\/a>,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to Council Framework Decision 2008\/913\/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Council recommendation of 9 December 2013 on effective Roma integration measures in the Member States, to the Council conclusion of 8 December 2016 on Accelerating the process of Roma integration and of 13 October 2016 on the European Court of Auditors Special Report No 14\/2016,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Council conclusions of 15 June 2011 on early childhood education and care,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Commission Communications on Roma integration (COM(2010)0133, COM(2012)0226, COM(2013)0454, COM(2015)0299, COM(2016)0424), including the Communication on an EU Framework for National Roma Integration Strategies up to 2020 (COM(2011)0173),<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Commission Communication on the Youth Guarantee and Youth Employment Initiative three years on (COM(2016)0646),<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Commission Recommendation of 20 February 2013 on Investing in children: breaking the cycle of disadvantage,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to its resolutions on Roma[5]<\/a>,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to its resolution of 15 April 2015 on the occasion of International Roma Day \u2013 anti-Gypsyism in Europe and EU recognition of the memorial day of the Roma genocide during World War II[6]<\/a>,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/em><\/strong>having regard to its resolution of 13 December 2016 on the situation of fundamental rights in the European Union in 2015[7]<\/a>, in particular\u00a0paragraphs 117-122 on Roma rights,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Fundamental Rights Report 2016 by the European Union Agency for Fundamental Rights,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Fundamental Rights Agency\u2019s EU-MIDIS I and II surveys and various other surveys and reports on Roma,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Court of Auditors\u2019 special report No 14\/2016 on EU policy initiatives and financial support for Roma integration: significant progress made over the last decade, but additional efforts needed on the ground,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the Eurobarometer survey \u2018Discrimination in the EU in 2015\u2019,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the reports and recommendations of the Organisation for Security and Co-operation in Europe (OSCE), among other things, its action plan on improving the situation of Roma and Sinti within the OSCE area,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the reports and recommendations of watchdog and civil society organisations, primarily those of the European Roma Rights Centre, Fundaci\u00f3n Secretariado Gitano, OSF, ERGO, and Amnesty International,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the reference paper on Anti-Gypsyism of the Alliance against Anti-Gypsyism,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the report of the Centre for European Policy Studies on Combating Institutional Anti-Gypsyism: Responses and promising practices in the EU and selected Member States,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/em><\/strong>having regard to the newly established European Roma Institute for Arts and Culture (ERIAC) in Berlin, which aims to establish the artistic and cultural presence of Europe’s 12 million Roma people, enabling their self-expression and, through this, contributing to the fight against anti-Gypsyism,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to Rule 52 of its Rules of Procedure,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Women\u2019s Rights and Gender Equality (A8-0294\/2017),<\/p>\n Belonging and participating <\/em><\/strong><\/p>\n Reconciling and building trust <\/em><\/strong><\/p>\n Carrying out performance checks <\/em><\/strong><\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 assess EU programmes and funding opportunities to determine if they meet the requirement of non-discrimination and participation, and where necessary, to take corrective measures without delay,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 apply a robust, quality-focused and long-term monitoring and financial accountancy scheme to check the performance of Member States when using EU programmes,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 actively involve the Roma addressees of the projects in their monitoring and evaluation process in an effective and transparent manner,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 ensure that the existing complaint mechanism is made more accessible and transparent for residents, NGOs and authorities to enable them to report discriminatory EU funds and programmes,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 suspend funding in cases of misuse of EU funds,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 reform ESIF so that they provide financial support for the fight against anti-Gypsyism in a more proactive way, and,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 extend the Europe for Citizens and the Rights, Equality and Citizenship funding programmes recognising the important role of civil society watchdog organisations and other relevant stakeholders in monitoring anti-Gypsyism and ensuring respect for fundamental rights;<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 ensure that the relevant interventions financed by the EU with possible implications for the Roma community are inclusive and fight segregation,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 ensure that segregation practices are clearly described and explicitly excluded from funding,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 improve funding opportunities in order to ensure that the education and employment opportunities created provide a real and sustainable way out of long-term unemployment, which is necessary in order to live with dignity,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 ensure that all available resources are used effectively, and,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 increase the absorption rate of EU funds in line with the priorities established in the National Roma Integration Strategies;<\/p>\n Securing equal rights and fighting anti-Gypsyism through training <\/em><\/strong><\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to implement and enforce Council Directive 2000\/43\/EC of 29 June 2000 in order to effectively prevent and eliminate all forms of discrimination against Roma, and to ensure that national, regional and local administrative regulations are not discriminatory and do not result in segregation practices;<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to implement and enforce the Council Framework Decision 2008\/913\/JHA of 28 November 2008 as it provides the means for a successful fight against anti-Gypsyist rhetoric and violence against Roma;<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 clearly condemn and sanction the denial of the Roma Holocaust, hate speech and scapegoating by politicians and public officials at all levels and in all types of media, as they directly reinforce anti-Gypsyism in society,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 take further measures to prevent, condemn and counter anti-Roma hate speech, also by using cultural dialogue;<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 in the failure or the unacceptably slow procedures of ensuring justice for the victims of hate crimes, especially those perpetrated by police officers,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 in the disproportionate criminalisation of Roma,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 in over-policing (ethnic profiling, excessive stop-and-search procedures, uncalled-for raids on Roma settlements, arbitrary seizure and destruction of property, excessive use of force during arrests, assaults, threats, humiliating treatment, physical abuse, and the denial of rights during police interrogation and custody),<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 and in under-policing of crimes committed against Roma, providing little or no assistance, protection (such as in cases of trafficking and for victims of domestic violence) or investigation in cases of crimes reported by Roma;<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 guarantee that all citizens are equal before the law and ensure that everyone has equal access to justice and procedural rights;<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 provide mandatory, human-rights based and service-oriented, in-service training to law enforcement officers and officials in the judicial system at all levels,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 investigate and prosecute hate crimes and provide best practices for identifying and investigating hate crimes, including those motivated specifically by anti-Gypsyism,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 set up anti-hate crime units with knowledge of anti-Gypsyism in police forces,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 encourage appropriate policing and, in cases of police misconduct, to apply sanctions,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 recruit dispute resolution professionals to work with police,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 encourage the active recruitment of Roma as members of the police force,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 ensure that victim support programmes address the specific needs of Roma and that assistance is provided to them when reporting crimes and filing complaints,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 continue and to extend the geographic scope of JUSTROM, a joint Commission-Council of Europe (CoE) programme on Roma women\u2019s access to justice,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 fully implement the EU anti-trafficking directive and step up their police and judicial cooperation to combat trafficking, and,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 fully implement Directive 2011\/92\/EU[17]<\/a> to prevent and combat child sexual abuse and exploitation and to protect victims;<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 provide obligatory training to those working in public broadcasting and the media to raise their awareness about the challenges and discrimination faced by Roma, and about harmful stereotypes,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 promote the recruitment of Roma in public media, and,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 promote the representation of Roma on public media boards;<\/p>\n National Roma Integration Strategies<\/em><\/strong><\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to be ambitious in setting up their National Roma Integration Strategies,\u00a0to carry out more research into successful local practices and programmes with the active involvement of Roma in order to reveal their situation, the realities and challenges faced,\u00a0and to pay special attention to anti-Gypsyism and its consequences with the aim of developing an improved, comprehensive and holistic approach to the issue, thereby addressing not only the social and economic aspect, but also combating racism, while working on mutual trust,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to fully implement their National Roma Integration Strategies,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to evaluate their effectiveness and update them regularly, define clear actions, tailor-made measures and set measurable goals and milestones,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to work closely with every stakeholder, including regional and local entities, academia, the private sector, grassroots organisations and NGOs, and actively involve Roma,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to further develop data collection, field work\u2011based, financial and quality-oriented monitoring and reporting methodologies as they support effective evidence-based policies, can contribute to improving the effectiveness of strategies, actions and measures taken, and to identifying why the programmes and strategies do not deliver the long-awaited results,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to empower their national Roma Contact Points by ensuring that they have an adequate mandate, the necessary resources and suitable working conditions in order to carry out their coordination tasks;<\/p>\n Putting anti-Gypsyism at the forefront of an improved post-2020 strategy <\/em><\/strong><\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 upscale the EU Framework for National Roma Integration Strategies after 2020, building on the findings and recommendations of the Court of Auditors, the Fundamental Rights Agency (FRA), NGOs, watchdog organisations and all relevant stakeholders, to have an improved, updated and even more comprehensive approach,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 place anti-Gypsyism in the focus of the post-2020 EU Framework in addition to social inclusion, and to introduce anti-discrimination indicators in the fields of education, employment, housing health, etc., as anti-Gypsyism undermines the successful implementation of National Roma Integration Strategies,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 treat anti-Gypsyism as a horizontal issue, and to develop \u2013 in partnership with Member States, the FRA and NGOs \u2013 an inventory of practical steps for Member States to combat anti-Gypsyism,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 complete the Roma Task Force of the relevant Commission services by setting up a Commissioner-level project team on Roma issues, bringing together all the relevant Commissioners working in the field of equal rights and non-discrimination, citizenship, social rights, employment, education and culture, health, housing, and their external dimension, in order to safeguard the creation of non-discriminatory and complementary EU funds and programmes,<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to strengthen and complement the work of the Non-discrimination and Roma Coordination Unit of the Commission by reinforcing the team, allocating adequate resources and employing further staff in order to have sufficient capacities to fight anti-Gypsyism, raise awareness of the Roma Holocaust and to promote Holocaust remembrance;<\/p>\n [1]<\/a> OJ L 180, 19.7.2000, p. 22.<\/p>\n [2]<\/a> OJ L 303, 2.12.2000, p. 16.<\/p>\n [3]<\/a> OJ L 315, 14.11.2012, p. 57.<\/p>\n [4]<\/a> OJ L 166, 30.4.2004, p. 1.<\/p>\n [5]<\/a> OJ C 4E, 7.1.2011, p. 7; OJ C 308E, 20.10.2011, p. 73;OJ C 199 E, 7.7.2012, p. 112; OJ C 468, 15.12.2016, p. 36; OJ C 468, 15.12.2016, p. 157.<\/p>\n [6]<\/a>OJ C 328, 6.9.2016, p. 4.<\/p>\n [7]<\/a> Texts adopted, P8_TA(2016)0485.<\/p>\n [8]<\/a> ECRI\u2019s General Policy Recommendation No. 13 on Combating Anti-Gypsyism and Discrimination against Roma.<\/p>\n [9]<\/a> Anti-Gypsyism is sometimes spelt differently, and in the various Member States it is sometimes referred to by a slightly different term, such as Antiziganismus<\/em>.<\/p>\n [10]<\/a> OJ L 180, 19.7.2000, p. 22.<\/p>\n [11]<\/a> OJ L 158, 30.4.2004, p. 77.<\/p>\n [12]<\/a> OJ L 315, 14.11.2012, p. 57.<\/p>\n [13]<\/a> OJ L 328, 6.12.2008, p. 55.<\/p>\n [14]<\/a> OJ L 95, 15.4.2010, p. 1.<\/p>\n [15]<\/a> OJ L 373, 21.12.2004, p. 37.<\/p>\n\n
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