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TITLE: CZECH REPUBLIC HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
CZECH REPUBLIC
The Czech Republic came into existence on January 1, 1993, when
the constituent republics of Czechoslovakia became independent
following the dissolution of the Czech and Slovak Federal
Republic. The victorious parties in the June 1992 Czechoslovak
elections negotiated arrangements for the split during the
latter half of 1992. The new Czech Constitution was ratified
on December 16 of that year.
The Czech Republic is a parliamentary democracy. The coalition
Government is led by the Civic Democratic Party, a conservative
secular free market-oriented party whose leader, Prime Minister
Vaclav Klaus, is the architect of the country's economic
reform. The Czech Republic adopted the democratic civil
structures created in the 3 years following the 1989 revolution
in Czechoslovakia. Vaclav Havel, President of the Czech
Republic, is an internationally recognized advocate of human
rights and social justice.
The Ministry of the Interior oversees intelligence and police
matters. The security structures are currently in flux, as the
Government redefines the tasks and reduces the number
(currently four) of intelligence agencies. Two of these
agencies, the Intelligence Service of the General Staff and the
Military Counterintelligence Service are integrated into the
Ministry of Defense. The External Intelligence and Information
Service is an integral part of the Ministry of the Interior.
Parliament supervises the Internal Security and Information
Service, which is independent of ministry control. During
1993, the press criticized this latter agency, casting doubts
on the competence and loyalty of its leadership and focusing
especially on purported organizational and managerial
shortcomings.
Economic reforms continued to transform the Czech Republic in
1993, although the split from the Slovak Republic had a
short-term negative effect, primarily in the volume of trade.
Privatization of small enterprises was completed, but some of
the most difficult challenges in restructuring large industrial
firms remained. By the end of 1993, the private sector
contributed approximately 45 percent of gross domestic product,
up from less than 5 percent in 1989. The Government followed
firm macroeconomic policies, resulting in a stable currency and
a budget surplus. During 1993, the economic decline that had
been a result of the transformation to a market economy
bottomed out, and analysts foresaw slow but steady growth with
continued low unemployment in the years ahead.
A number of independent human rights monitoring groups, as well
as the Government, conducted studies of human rights issues,
including the situation of the Roma (Gypsy) minority. Human
rights abuses identified by these institutions--as well as by
the press--included discrimination against the Roma minority;
perceived attacks on press freedom; and the continued presence
in Czech law of screening requirements aimed at those accused
of collaborating with the pre-1989 Communist regime. Questions
about women's rights, including violence against women, are
still relegated to the margins of social and political debate.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
No political or extrajudicial killings were known to have
occurred.
b. Disappearance
There were no reports of abductions, disappearances, secret
arrests, or clandestine detentions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There was no evidence of any such practices.
d. Arbitrary Arrest, Detention, or Exile
The Czech Republic assumed Czechoslovak laws governing arrest
and related rights. Courts issue arrest warrants. Persons may
be held without charge for 24 hours, during which time the
arrestee has the right to consult with counsel. There was no
evidence of any incommunicado detention or protective
detention. A person charged with a crime has the right to
appear before a judge for arraignment. At arraignment, if
charges are formalized, the judge determines whether custody is
necessary pending trial. Pretrial custody may not exceed 1
year, and in such cases monthly appearances before a judge are
required. Counsel and family visits are available. These
guidelines are followed in practice. There is no exile in law
or in practice.
e. Denial of Fair Public Trial
The court system consists of district, regional, and high
courts. A Supreme Court, the highest court of appeal, was
established early in 1993. In addition, a Constitutional
Court, which rules separately on the constitutionality of
legislation, was created early in the year and began
deliberations in December. Military courts, which have
jurisdiction over police, intelligence, and military matters,
were abolished at the end of 1993, and their functions were
taken over by the civil courts.
The judiciary is impartial and independent. Justice Ministry
officials and press observers noted that the shortage of
qualified judges (a problem under the Czechoslovak Federation)
is slowly being overcome.
Persons charged with criminal offenses are entitled to fair and
open public trials. They have the right to be informed of the
charges against them and of their legal rights, to retain and
consult with counsel, and to present a defense. If a defendant
cannot afford a lawyer, the State provides one. Defendants
enjoy the presumption of innocence and have the right to refuse
to testify against themselves. Defendants may appeal any
judgments against them. These rights are observed in practice.
The Czech Republic adopted, with some modifications, the 1991
federal "lustration" law, and the Czech Parliament retained the
commission created in 1992 to enforce its provisions. The law
bars many former Communist party officials, members of the
People's Militia, and secret police collaborators from holding
a wide range of elective, nominative, and appointive offices,
including appointive positions in state-owned companies,
academe, and the media for a period of 5 years.
Late in 1992, the Czechoslovak Federal Constitutional Court
eliminated the so-called Category C list (those listed as
collaborators but who in fact may only have been intelligence
targets). The Czech Republic accepted this federal ruling in
1993. Although the screening law is still on the books, it is
rarely used. Many observers--including Communist party members
and human rights monitors--consider the law a dead letter,
though parliamentarians still claim that it can limit careers
and affect the structure of public office. One Communist party
official asserted that the most significant result of the
screening legislation at present is that it hurts the
international image of the Czech Republic.
The screening process was criticized because it was based on
the records of the Communist secret police, records many
suspected were incomplete or unreliable. There is no judicial
mechanism for appeal of screening decisions, though the
Interior Ministry retained an internal board of appeals to
review those decisions. The screening law was criticized, both
domestically and internationally (it was cited in reports by
the Conference on Security and Cooperation in Europe (CSCE) and
the Council of Europe) as a violation of human rights
principles prohibiting discrimination in employment and
condemning collective guilt. Foreign ministry officials claim
that in 1993 both the CSCE and the Council of Europe informed
them that neither organization viewed lustration as a serious
human rights problem in the Czech Republic. Similarly, labor
ministry officials note that in 1993 the International Labor
Organization did not renew its previous criticism of lustration
with the advent of the new Czech State.
In a July law, Parliament defined the pre-1989 Communist regime
as criminal and expressly lifted the statute of limitations for
crimes committed by the Communist Party of Czechoslovakia
during its 40-year rule. The law was criticized by human
rights activists for adopting the principle of collective
guilt. In late November, Parliament passed a new Criminal Code
containing provisions forbidding defamation of the State and
the Presidency. The Constitutional Court in December upheld
both these controversial laws. There were no known political
prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Electronic surveillance, the tapping of telephones, and
interception of mail require a court order. The Government
complied with this requirement. In September the press
reported that listening devices had been found in the Justice
Minister's office. There were no reports of arbitrary or
unlawful interference with privacy.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Czech law provides for freedom of speech and press.
Individuals may, and do, speak out on political and other
issues and freely criticize the Government and public figures.
A wide variety of newspapers, magazines, and journals continued
to be published in 1993. As an illustration, Prague, with a
population of 1.25 million, is home to at least a dozen dailies
with national distribution, as well as a variety of
entertainment and special interest newspapers. Some newspapers
are associated with the interests of political parties, but
even most of these were sufficiently independent to criticize
their main ideological backer on occasion. The print media
enjoyed the right to publish without censorship or fear of
government persecution, though the ruling Civic Democratic
Party in public statements often criticized what it called the
immaturity and lack of ethical behavior among print
journalists.
The electronic media are independent. Some television channels
are privately owned. A parliamentary commission has broad
oversight and power to approve or reject candidates for the
independent Television and Radio Council. The Council has
responsibility for policymaking in television and radio as well
as granting licenses. Since January 1993, under the media law
the Television and Radio Council granted 1 television license,
more than 10 radio licenses, and over 30 television cable
licenses.
The Civic Democratic Party was critical of the electronic media
as well. In January party figures criticized a decision by the
Television and Radio Council to award a broadcast license to
the Cet-21 firm for a Czech television channel. Some Civic
Democrats had apparently hoped another bidder would win the
contract and protested the decision. This lack of distinction
between public and private interest was apparent in the stated
desire of Prime Minister Klaus to acquire a government station
so that the Government "has enough space to explain to the
people what it deems necessary to explain."
Despite criticism from the Prime Minister and members of his
party, the media, both print and electronic, continued to
express a wide variety of views on most topical issues. There
was no official censorship.
Universities have the authority to decide their internal
affairs, including pedagogic and academic orientation and
internal structure. Academic freedom is provided for by law,
though the same law forbids activities by established political
parties at the university.
b. Freedom of Peaceful Assembly and Association
Czech law provides for the right of persons to assemble
peacefully. Permits for some public demonstrations are
required by law but are rarely refused. Police generally do
not interfere with spontaneous peaceful demonstrations for
which organizers lack a permit. Such police behavior is
perhaps due to sensitivity about the actions of police against
peaceful assemblies in the not-too-distant Communist past.
The right of persons to associate freely and to form political
parties and movements is also protected by law and respected in
practice. Organizations, associations, foundations, and
political parties are required to register with local officials
or at the Interior Ministry, but there is no evidence that this
registration is coercive. The Communist Party is represented
in Parliament and in local government and continues to own
considerable assets throughout the Republic.
c. Freedom of Religion
The Czech Republic enjoys religious freedom. There is no
official religion, and no religion is banned or discouraged by
law. The Government has not yet resolved the problem of the
restitution of church property, though the issue has been the
subject of considerable debate inside the ruling coalition,
which includes two Christian Democratic parties. Claims for
the restitution of Jewish property are still outstanding as
well, but a law has been drafted that would grant the Jewish
community some property previously owned by Jews, not as a
precedent for restitution, but as a gift from the State.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Czech Republic has no restrictions on domestic or foreign
travel, emigration, and repatriation. Passports are readily
available to all wishing to travel abroad. Czechs who
emigrated during the period of Communist rule frequently return
to visit, or even to settle, and are able to regain Czech
citizenship if they wish, though to do so they must relinquish
claim to any foreign citizenship. Citizenship is not revoked
for political reasons. A few localities have issued ordinances
requiring nonresidents to prove that they have a place to live,
a job, and no criminal record. These ordinances, specifically
aimed at minorities (Roma or Asian) in the towns of Jirkov,
Dubi, and Brandys nad Labem, have received extensive press
coverage and criticism from human rights groups (see Section
5).
Refugees and asylum seekers are treated according to
international norms. With the exception of over 2,000 refugees
from the former Yugoslavia, most migrants used the Czech
Republic as a transit route toward the West. (The number of
migrants crossing Czech territory en route to Germany peaked at
midyear and fell drastically after the implementation of a new
asylum law in Germany in July.) Those granted refugee status
are given permission to reside in the Czech Republic for 5
years, followed by a formal review whereby they may obtain
permanent residence. A lengthy procedure to apply for
naturalization is also open to them. Nongovernmental
organizations work closely with Interior Ministry officials to
ease refugees' transition into Czech society. In practice,
however, most potential refugees choose to apply for permanent
settlement elsewhere.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of the Czech Republic have the right to change their
government by democratic means. Citizens over the age of 18
are eligible to vote in republicwide and local elections.
Voting is carried out by secret ballot. Opposition groups,
including political parties, function openly and participate
without hindrance in the political process.
The ruling four-party right-of-center coalition was formed in
June 1992, at the time of the last election in Czechoslovakia.
There are also a number of left-of-center opposition parties
and one party of the radical right. The Czech Constitution
mandates elections at least every 4 years to the Parliament,
based on proportional representation within eight large
electoral districts. There is a 5-percent threshold for
parties to enter the Parliament. The Constitution also calls
for an upper house of Parliament, the Senate, which in 1993 had
yet to be constituted; the first senatorial election should
take place in 1994, although legislation defining its
procedures remains to be adopted. The President, who is
elected by the Parliament, serves a 5-year term. The President
has limited constitutional powers but may use a suspensive veto
to return legislation to Parliament, which has the right to
override the President's veto.
There are no restrictions, in law or in practice, on women's
participation in politics. Women appear to participate less in
the public sphere, both in the work force and in public office
since the overthrow of the Communist regime. Relatively few
women hold high public office in the Czech Republic, though
women serve as mayors and parliamentary deputies.
The two significant minorities--Roma and Slovaks--are not
represented as such in Czech politics. The government-
sponsored Council on National Minorities, which has
representatives from all minority groups, plans to release a
comprehensive minority policy paper early in 1994. No minority
leader holds significant elective office at the republic or
local level. Slovaks, of whom there are an estimated 300,000,
are primarily "Czechoslovaks" who elected to live in the Czech
Republic after the split, and who for the most part define
their interests in the context of Czech politics, not along
ethnic lines. Many serve in high positions in the civil
service.
Not all the estimated 200,000 Roma have integrated into Czech
society, and the party that represented their interests
immediately following the demise of communism, the Roma Civic
Initiative, is in disarray. Other local Roma political
groupings have not gained republicwide prominence. The
political culture of the Czech Republic generally defines Roma
as outsiders, and the Roma themselves have been unable to unite
behind a program or set of ideals that would allow them to
represent their interests in the democratic structures of the
country (see Section 5).
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Czech Republic encourages the activities of domestic and
international human rights organizations. The Presidency of
former dissident and human rights monitor Vaclav Havel serves
as a powerful moral magnet for these groups, which work without
government interference or difficulty. Czech officials
generally cooperate with official and unofficial visits by
foreign human rights monitors or human rights officials
representing countries or multilateral organizations. A study
of human rights in the Czech Republic by the CSCE concluded
there were no significant violations of international human
rights standards, and a Council of Europe report determined
that there were no human rights obstacles to Czech admission to
the Council.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The law provides for the equality of citizens and prohibits
discrimination. Health care, education, retirement, and other
social services generally are provided without regard to race,
sex, religion, disability, or social status. In practice, Roma
sometimes face discrimination in such areas as educational
opportunity.
Women
Women are equal under the law and receive pay equal to that of
male colleagues for the same job, though the median wages for
women in 1993 lagged significantly behind those of men. In the
Czech economy, women appear to be concentrated in professions
in which the median salary is generally low: medicine,
teaching, white-collar clerical jobs. Women enjoy equal
property, inheritance, and other legal rights with men. Public
debate about violence towards women remains nearly nonexistent,
despite the efforts of a handful of women's groups to bring
this and other issues to the attention of the public. Police
and human rights groups sometimes link violence toward women
with economic hardship and excessive drinking but without any
hard facts. Justice officials claim that laws against violence
are effectively enforced, and human rights groups do not
contradict them.
A more public issue--and one that has gained considerable
attention in the press--is the growth of prostitution, which
has become increasingly visible. For the most part,
prostitutes are in business for themselves, but underground
elements, often also involved in smuggling and petty crime,
coerce some women into prostitution. The law does not
explicitly protect prostitutes against trafficking and sexual
exploitation.
Children
Government expenditure on children's welfare is adequate.
Children generally receive sufficient health care, compulsory
education, and basic nutrition. Some Roma children do not
receive these benefits, but this is less the result of
government policy than of cultural differences and instances of
social prejudice. Child abuse as a social problem began to
receive attention in the press in 1993.
National/Racial/Ethnic Minorities
By far the most significant minority in the Czech Republic is
the Roma population, estimated at about 200,000. Roma live
throughout the country but are concentrated in the industrial
towns of northern Bohemia, where many of them were settled more
than 40 years ago in the homes of Sudeten Germans transferred
to the West. They suffer disproportionally from poverty,
crime, and disease. Efforts by foundations and by persons in
the education and health fields to improve their living
conditions, especially the conditions of Roma children, have
had only minimal impact. Efforts by local leaders to mobilize
local Roma communities, especially in the north, generally have
failed.
Roma suffer from serious popular prejudice in the Czech
Republic. Roma leaders claim that Roma are discriminated
against in employment, housing, and everyday life. A
significant example was the passage late in 1992 of decrees in
the town of Jirkov (northern Bohemia), which assessed fines
against those who had not gained prior permission from the
owner to live in an apartment and gave the town council the
right to evict apartment occupants without a court order, if
the council determined they were in violation of hygienic rules
and local regulations. Furthermore, the decree required those
who could not prove they belonged in a residence to leave
town. The town council openly admitted the ordinance was aimed
at dealing with the overcrowding of apartments by Roma. The
district prosecutor in the Jirkov area said that the ordinance
violated Republic law and should be rescinded. They were in
fact ruled invalid by the courts but not explicitly rescinded
by the municipality. These decrees were followed later in the
year by similar proclamations in the towns of Dubi and, closer
to Prague, Brandys nad Labem. In Brandys, local officials told
the press that the decrees were aimed at regulating the influx
of Asian immigrants who illegally occupied local housing.
Another celebrated incident took place in March at the Miss
Czech Republic beauty pageant, at which one aspirant for the
crown described her goal as ridding her (North Bohemian) town
of dark-skinned people. Such attitudes were encouraged by the
rightwing SPR-RPC (Republican) Party, which offered an
expensive sports car to the authorities of any city hall who
rid their town of Roma. In some instances, fighting has
occurred, and, in at least four cases, an ethnic Czech or Roma
has been killed. Newspapers reports often link such violence
with skinhead provocations. Such was certainly the case in
incidents in Plzen and Pisek in the fall, in each of which a
young Roma died as a result of skinhead violence. There are
credible reports that police ignore or condone incidents of
violence against the Roma, although the Government has
denounced such violence.
Roma protest the Czech Republic's citizenship law, which
prevents persons who have had a criminal conviction in the last
5 years from gaining citizenship. The central issue, as in
most issues affecting Roma, is cultural: ethnic Czechs see 5
years as reasonable, Roma see it as punitive. Roma comprise a
disproportionate percentage of those arrested, charged, and
convicted of criminal offenses. Roma leaders protest that this
provision of the law is designed to discriminate against Roma.
The Czech Government in 1993 established a Commission on
Minorities, which is widely regarded as ineffective in dealing
with problems facing the Roma. The Government is not overtly
anti-Roma, although domestic policies tend to neglect the
seriousness of the Roma issue. In a well-known incident, one
high official, Prosecutor General Jiri Setina, publicly
criticized Roma. (Setina lost his job later in the year for
reasons unrelated to his statements about the Roma.)
Religious Minorities
The Jewish community in the Czech Republic numbers a few
thousand. Legal charges of slander and infringement of the
rights of others, brought against the editor of the openly
anti-Semitic magazine Politika, which ceased publication late
in 1992, are still pending in a local Moravian court. In
November a Brno man was sentenced to prison for extortion and
scaremongering for telephone threats against Jewish citizens
and community buildings. There was little additional evidence
of public anti-Semitism, and the leaders of the Jewish
community enjoyed close relations with government officials and
other political leaders.
People with Disabilities
A heretofore generous government policy of support for the
disabled is being reduced for financial reasons. Standards for
receiving disability pensions are reportedly applied more
strictly to Roma than to other citizens, though anecdotal
evidence suggests that in the past a higher percentage of the
Roma qualified for disability payments than of the population
at large. The Government has not placed a high priority on the
issue of ensuring access for the disabled, nor has
discrimination against the disabled been the subject of
significant policy or public debate.
Section 6 Worker Rights
a. The Right of Association
The Czech Republic preserved legislation passed by the
Czechoslovak Parliament between 1990 and 1992 guaranteeing
workers the right to form and join unions of their own choosing
without prior authorization. Trade union leaders protested a
law drafted by the Government that would have forbidden civil
service workers from joining unions, claiming that such a law
violated not only International Labor Organization (ILO)
statutes but the Czech Constitution as well. At year's end,
the draft law had not yet been debated in Parliament. More
than 60 percent of the work force is unionized, though the
number of workers who are members of labor organizations
continued to fall steadily.
Most workers are members of unions affiliated with the Czech-
Moravian Chamber of Trade Unions (CMKOS), which took over the
central union role held by the Czech and Slovak Confederation
of Trade Unions (CSKOS) following the dissolution of the
federation. CMKOS is a democratically oriented, republicwide
umbrella organization for unions not affiliated with political
parties.
CSKOS continued to represent some elements of Czech (and
Slovak) trade union interests, especially in contacts with
international organizations, until it was disbanded in
November. Some small independent trade unions outside of CMKOS
also exist, including one principally led by former Communist
trade union officials and one based on Christian union
principles.
Workers have the right to strike, except for those in specific
professions whose role in public order or public safety is
deemed crucial: judges, prosecutors, members of the armed
forces and the police, air traffic controllers, nuclear power
station workers, workers with nuclear materials, and oil or gas
pipeline workers. The law also places some limitation on the
right to strike of firefighting and rescue workers,
telecommunications workers, and health workers. The law
requires that labor disputes be subject first to mediation and
that strikes take place only after mediation efforts fail.
Strikes were almost unheard of in 1993. In one instance, CSKOS
and CMKOS leaders alleged that the Government sought to
intimidate subway workers who threatened to strike by
publishing their names in the press. The issues over which the
strike was to occur were settled before it could take place.
Railway workers threatened a major strike in December over
government rollbacks of traditional union benefits. The strike
was averted at the last minute by the Government's decision to
negotiate about these benefits.
Czech unions are free to form or join federations and
confederations and affiliate with and participate in
international bodies. This freedom was fully exercised. The
International Labor Organization's complaint against the
Czechoslovak Federation--that the lustration law (which
prevents former leaders of the Communist regime from holding
high public office) represented an instance of employment
discrimination--was dropped in 1993 with the accession of the
Czech Republic to the ILO, according to Labor Ministry
officials.
b. The Right to Organize and Bargain Collectively
The law guarantees collective bargaining. The basic collective
bargaining instrument in the Czech Republic is the law on
collective bargaining. It is carried out in the tripartite
system, a voluntary arrangement in which representatives of
unions, government, and employers set the parameters of labor
relations. At various times throughout the year, CMKOS pointed
to what it saw as Government violations of tripartite
agreements. Union and Government leaders generally settled
such disagreements by negotiation. Wages are set by free
negotiation, though an upper limit was established by law in
July, much to the consternation of some union leaders. Charges
of antiunion discrimination may be filed in court. Labor
Ministry officials were unable to say if court proceedings had
led to reinstatement or other actions.
The Czech Republic has one export processing zone. Its workers
have and practice the same right to organize and bargain
collectively as other workers in the country.
c. Prohibition of Forced or Compulsory Labor
Legislation inherited from the federation, which enshrined
elements of international human rights agreements, prohibited
forced or compulsory labor. There was no evidence that such
practices occurred.
d. Minimum Age for Employment of Children
The Labor Code stipulates that children must be 15 years of age
before they may work in the Czech Republic. Those who have
completed courses at special schools (that is, schools for the
severely disabled) may work at the age of 14.
e. Acceptable Conditions of Work
The Government sets minimum wage standards. The established
minimum wage provides an adequate standard of living for an
individual worker and, when combined with allowances available
to families with children, provides an adequate standard of
living for a worker and a family. The minimum wage is roughly
equal to $75 per month (thus around one-third of the average
monthly wage of $220). Major efforts at retraining, also
carried out by district labor offices, seek to provide labor
mobility for those at the lower end of the wage scale. Because
positive trends in the economy in 1993 led to a tight job
market, the enforcement of minimum wage standards was rarely an
issue.
The law mandates a standard workweek of 42 1/2 hours. It also
requires paid rest of at least 30 minutes during the standard
8- to 8 1/2-hour workday, as well as annual leave of 3 to 4
weeks. Overtime may not exceed 150 hours per year or 8 hours
per week as standard practice. The Labor Ministry, responsible
for enforcement of overtime regulations, said the phenomenal
growth of the private sector, especially in small service
enterprises, made it very difficult to assess overtime abuses.
Government, unions, and employers have agreed to advance worker
safety and health, but conditions in some sectors of heavy
industry remained substandard, especially in those sectors
awaiting the process of privatization. Industrial accident
rates are not unusually high. In contrast, the incidence of
long-term health problems in areas suffering from heavy
industrial pollution is, in fact, unusually high by
international standards. The Office of Labor Safety is
responsible for enforcement of health and safety standards.
[end of document]
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