Features
‘One Country and One Law’ A Misunderstood Concept?
by M. A. M. H. Barry
PhD, LLM, MA, LLB. BA
Attorney-at-Law
The worst form of inequality is to try to make unequal things equal (Aristotle)
Although much is spoken about ‘one country and one law’ in Sri Lanka, it is not a new phrase as all the countries in the world have one legal system. But this does not denote that there must be only one law for each and every aspect which everyone should follow. If this contention is correct, then no country will have different laws at the different levels or for different segments of people. For instance, if we take Sri Lanka, we have different laws in different provinces in some prescribed areas by virtue of the Thirteenth Amendment and Provincial Council Act No. 42 of 1987, and further we have different bylaws in various local councils.
Furthermore, we have several different laws which govern the administration and functions of the different religious places or institutions. For examples, we have Buddhist Temporalities Ordinance No. 19 of 1931 (as amended) governing the administration of temples, The Hindu Cultural Fund Act No. 31 of 1985, The Church of Ceylon (Incorporation) act (No. 43 of 1998), and Muslim Mosques and Charitable Trusts or Wakfs Act (No. 51 of 1956). These acts clearly indicate that different laws are necessary for the functioning and administration of different religious places/institutions.
No sensible person would argue that there should be one law to manage all these religious places because the diversity of the faiths and cultures demand such different laws. These laws exist because this diversity was recognized. It is not possible or correct to demand the people to give up their diverse faiths and to accept one law which could govern all religious places or institutions on the argument that all Sri Lankans should have only one law.
Equality and Equity
One of the fundamental elements of the notion of equality is equity, which requires that justice should be distributed according to the needs of the people as not all people are equal in all aspects, whether they are political, economic or social and they are not identical in strength, resources, means and practice.
The basic concept of equality signifies that the persons who are similarly categorized must be treated equally. To treat equals as unequals or unequals as equals, is equally unjust or violative of the principle of equality (State Bank of India v. State of West Bengal, 1979, 1 Ch LJ 363). All human beings are born equal and they should be treated equally. However, the unequals are identified and recognized not only due to political, economic and social disparities, but also more importantly due to the diversities of religions, cultures and languages. The concept of equality demands recognition of diversities and permits the manifestation of the rights of diverse communities according to the fundamental norms of the constitution or guiding principles of the state, without affecting the substantial laws of the country. In application of indigenous laws, the recognition is given only in a limited areas which are very personal like marriage, divorce and inheritance. For all other purposes general law is equally applicable to all.
The Indian Supreme Court in many decided cases interpreted the art 14(equality clause) by reading it with the art. 15 which prohibits discrimination on the grounds of religion, race, caste, sex, place of birth etc. The section 15 though fosters national identity does not deny pluralism of Indian culture but rather it preserves it (MR Jois, Equal Treatment, Jspui, bitstream).
Many leading states where they are federal, semi federal or unitary have either parallel or sub-legal systems, but they are still regarded as the part of one legal system which accommodates the unity of their people.
The sub-legal systems are accommodated in several states in order to recognize the religious or cultural practices of segments of the people in a few selected areas like personal law which deals with the matters related to marriage, divorces, inheritance etc. Several non-Muslim countries including India, Thailand, Singapore, Philippine and notably Israel which is known as the world only Jewish state where the Qadi courts are functioning under the jurisdiction of the Ministry of Justice or Cultural Affairs. The Qadi courts in Israel have jurisdiction to adjudicate matters relating to marriages, divorce, financial maintenance, legal capacity and guardianship, custody of children, paternity and inheritance, among others. The rights of the Muslims to practice their personal law are being protected in Israel despite the fact that there has been a historical animosity between the Arab Muslims and Israeli Jews due to Israel/Palestine land dispute. In Sri Lanka we have a pluralistic legal system which has been accommodated to realize the diverse aspirations and give respect to different communities of whom our constitution acknowledges as equal citizens of the country.
The reasons for recognizing and protecting the ethnic, religious, linguistic and cultural rights of the citizens in multi religious/cultural and linguistic states could be realistically, legally and politically attributed to the following indispensable factors (1) social contract (2) protecting religious rights and (3) protecting universal rights. The states by definition and nature are obliged to respect and enforce their duties originate from the above factors.
The social contract is a contract between the state and its citizens. No modern state could exist or function without the social contract and it is the people who give authority to the state or to its agent (government) to manage their affairs. Under the social contract, the people surrender or delegate certain rights to the state and retained or reserved their fundamental rights to themselves.
Furthermore, under the social contract the rights that are not delegated or retained by the people, the state undertakes to protect them (both individual and collective rights). In modern times the people do not give authority to states to establish absolute or totalitarian rule, but they wanted states to protect their basic rights as the primary duty of the state. The terms of the social contract (rights/duties of the state and rights/duties of the people) are normally enshrined and reflected in a country’s constitution and other respective laws
For instance, the tenth amendment to the US Constitution expressly reserves the powers not delegated under the Constitution or prohibited by it to the respective states, or to the people. The US courts have affirmed this position in several leading cases. In Butchers’ Union case (1884-111 U.S. 746) Field J observed “…all men are endowed, not by the edicts of Emperors or decrees of Parliament or Acts of Congress, but by their Creator, with certain inalienable rights’ that is, rights which cannot be bartered away or give away except the punishment of crime, and among these are life, liberty and pursuit of happiness, and to secure these, not grant them but secure them, governments are instituted among men, deriving their just powers from the consent of the governed.”
Although under the Indian Constitution, there is no similar provision like the tenth amendment to the US Constitution, in Gopalan case (1950-SCR 88) Sastri J. stated “It is true to say that, in a sense, the people delegated to the legislative, executive and the judicial organs of the State their respective powers while reserving to themselves the fundamental rights which they made paramount by providing that, the State shall not make any law which takes away or abridges the rights conferred by that Part (of the Constitution) …”
Hence it is a duty of any state to secure these rights since they are the core values of a constitution. As the part of its primary duty a state should protect its peoples’ rights and ensure the justice to everyone by applying equality and equity in addressing or resolving any problems of the people.
“Justice, Equality and Equity” are the cardinal principles and fundamental requirements not only for successful resolutions of any dispute among the people, but also to unite the diverse people under the one national banner. These cardinal principles are the fundamental values which cannot be subordinated to any other claimed values.
The state duty under the social contract does not change according to the electoral changes as the people vote to different parties at the different elections but this does not provide permission to change or negatively amend the core values or guiding principles of the state. The social contract does not imply that it is a contract only with the majority who voted for any political party but it is a contract with all citizens (different segments). In this context, the state has to protect the interest and rights of all citizens who participated in the electoral process and also who do not participate in the process (who did not vote or do not use their franchise), because the protection of the core values are guiding principle of the state or constitution which could not be politically or morally or even legally be abrogated.
In the US, the constitutional provisions and amendments which protect the rights of the people, especially its Fourteenth Amendment which enshrines the equality clause are regarded as the core values or guiding principles of the state. No debate takes place in the US to negate or weaken these core values or guiding principles as these protective provisions are well entrenched and no one think about their abrogation as these principles are synonymous with the primary objective of the state.
Protecting Right to Freedom of Religion
The right to freedom of religion is not only a collective or community right, but it also an individual right. In modern history, it was regarded as one of the first recognized human rights. The Code of Rhode Island of 1647 and Westphalia Peace Treaty 1648 recognized religious freedom. It was regarded as one of the foundations of Human Rights ideology. The basic elements of freedom of religion and belief have the status of jus cogens or international customary law (Forum 18). It is also a part of Ius Gentium (law of nations) and a part of Lingua Franca (universal language) because the language of human rights has become the moral lingua franca (Micheal H. Perry).
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Integration or Assimilation?
In a multi-cultural, religious and linguistic state like Sri Lanka the national integration is a condition precedent for the nation building. The national integration signifies that the diverse people in a state are incorporated into the society as equals while their diversity is respected and recognized as the part of the state’s polity. On the other hand, the assimilation may be defined as the process whereby all the cultures within a state are assimilated into one dominant culture and thereby, depriving other cultures to exist. The assimilation is not politically, socially, morally and legally possible in a multi-cultural, religious and linguistic state like Sri Lanka as all communities are entitled to their fundamental rights of practicing and preserving the religious, cultural and linguistic rights. Hence, the very definition of the state should reflect the ethnic diversity and aggregation of distinct communities.
The indigenous laws of Sri Lanka were recognized in the context of integrating diverse religious and cultural practice in very rare and exceptional areas which are related to the personal or private life. If the Muslim Marriage and Divorce Act (MMDA) necessitate any amendment to mend any deficiency, it could be addressed by making necessary amendments. Already, the committee appointed for recommending reforms on MMDA, headed by former Supreme Court Judge Hon. Justice Saleem Marsoof has completed its report. Hence, the amendment could be worked out on the basis of these recommendation to address any concern or deficiency.
In this context, the notion of one country and one law’ should be seen as a unifier of all communities in the nation building process by respecting and recognizing their rights and consolidating a legal system which could accommodate the aspirations of all the people. Furthermore, the notion of one law also signifies that all people are equal before the law and they are entitled to equal protection of law, and specifically no one is above the law.
Sri Lanka needs unity among the people, which requires every community respects others and everyone community regard other communities as brothers and sisters of one family of the nation without perceiving others in suspicious, apprehensive and mistrustful manner. The law should be actively applicable to prevent hate speeches against each other and to ensure dignity to every community.
Features
From the missing to the missing truth and beyond
by Jehan Perera
The government is preparing to meet the challenge of the UN Human Rights Council next month. A Sri Lankan delegation led by Foreign Minister Vijitha Herath is expected to attend the 63rd session of the UNHRC in Geneva, where the UN High Commissioner for Human Rights will present a written update on Sri Lanka. The government has already submitted its response to the advance version of the report prepared by the Office of the High Commissioner for Human Rights. The Foreign Minister, accompanied by officials from Colombo and Sri Lanka’s Permanent Mission in Geneva, is expected to explain the progress made on reconciliation, accountability and human rights. This is therefore an important moment for the government. It is an opportunity not merely to defend its record but to make new commitments.
The government has been criticised, as were its predecessors, for the manner in which it has dealt with past human rights violations, especially those connected with the thirty year war. The vexed issue of thousands of missing persons remains at the centre of this criticism. The government has sought to strengthen the Office on Missing Persons by providing it with additional staff and resources. It has also given support to the excavations at the Chemmani mass grave. Justice and National Integration Minister Harshana Nanayakkara has told Parliament that the government has allocated Rs. 57 million for the excavations and related legal work, though that figure has not been set against the cost of comparable forensic operations elsewhere.
The government also took the significant step of holding a national event in Jaffna to mark the International Day of the Victims of Enforced Disappearances. Minister Harshana Nanayakkara attended the event together with the Chairman of the Office on Missing Persons (OMP), Mahesh Katulanda, and other senior officials and political representatives. Their presence was meant to demonstrate the government’s commitment to addressing the issue. But on the victims’ side there is continuing dissatisfaction. The commemoration in Jaffna was met by a protest outside the District Secretariat, organised by families of the disappeared, who demanded to know what happened to relatives who, according to their accounts, surrendered to or were taken away by the military and were never heard from again.
Jaffna Protests
The protests in Jaffna are a reminder of the gap that remains between what the government is trying to do and what the victims expect. For these families, compensation and death certificates are not substitutes for knowing what actually happened to those they lost. The protests, and the police action taken against some of those who demonstrated, were reported by the international and Tamil media and by international human rights organisations, and overshadowed much of what the government had hoped to showcase at the Jaffna event. The OMP’s mandate is to establish the fate and whereabouts of missing persons, clarify the circumstances in which they went missing, and provide redress and assistance to their families. Accordingly, it has sought to verify complaints, remove duplicate entries, encourage people who have not yet made complaints to come forward, and facilitate compensation and other forms of assistance. The families of victims expect the OMP to do more to clarify the circumstances in which their loved ones went missing. An example would be the disappearance of 158 displaced Tamil persons from the Eastern University campus in Vantharumoolai, Batticaloa District, who were rounded up and forcibly removed in front of thousands of other similarly displaced persons, including the officer in charge Prof T Jayasingam.
The government has also increased the support available to families of the missing, and says it is accelerating the OMP’s investigations. But the scale of what remains undone is stark. There are around 11,000 complaints remaining to be investigated, according to the Justice Minister, while the OMP has reported that final information has been established in only 31 cases, communicated privately to the families concerned. On the government’s own figures, that puts the clearance rate for establishing fate and whereabouts at well under one percent of the outstanding caseload. There is a limit to what the OMP can do even with more resources and time. Its mandate is primarily to establish the fate and whereabouts of individual missing persons. It was not intended to produce the comprehensive, public account of the past that victims and the country as a whole require.
In 2015, the government headed by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe committed itself to establishing such a commission as part of a comprehensive approach to dealing with Sri Lanka’s past. Human Rights Council Resolution 30/1, which the government co-sponsored, specifically welcomed the proposed establishment of a “commission for truth, justice, reconciliation and non-recurrence”, together with an Office on Missing Persons and an Office for Reparations. However, the commitment to a truth-seeking mechanism was never fulfilled. The government should consider setting one up now. There is a growing feeling among Tamil people in the North and East that the government is failing to deliver on promises that are important to them. On issues important to them, they feel this is once again a Sinhala-dominated government like all the ones that came before.
Establish Truth
For the past two years the government has been concentrating on problems that it deems are important to the country as a whole such as the economy, development, poverty alleviation and corruption and criminality. However, the government needs to demonstrate that national unity means addressing the concerns of all communities, including those whose wounds from the war remain unhealed. Some of its own institutions have begun to act on this. The Office for National Unity and Reconciliation recently staged a drama entitled From Yakaweva to Nandikadal, depicting relationships between people that transcend the destruction caused by war. The drama portrayed the sufferings as well as the prejudices on both sides of the divide, from the Kebithigollewa bus bombing to the final days of the war around the Nandikadal lagoon. Its central message is that without forgiveness there cannot be reconciliation.
Particularly moving was the fact that the actors themselves came from families touched by the violence on both sides. The son of an LTTE Black Tiger leader and the daughter of an Army officer were among those who performed, alongside others who had experienced and survived some of the sites of carnage. The fact that a state institution is taking this message of reconciliation forward is itself a testament to the government’s openness to dealing with the past. A government institution can reach a population far larger than any civil society campaign could reach on its own, simply because the machinery of the state is so much more extensive. It is in this context that the government needs to give serious thought to setting up a Truth and Reconciliation Commission as the next step in the truth-seeking process. Special care will need to be taken to ensure that those who are appointed are not only politically non-partisan, but are acceptable to all the communities.
A Truth and Reconciliation Commission cannot by itself resolve all the wounds of the past. Nor can it replace criminal investigations or judicial proceedings where these are necessary. But it can provide something that existing institutions cannot provide on their own. This would be a comprehensive national process through which victims can be heard and the truth can be established. The general population needs to understand what happened, so that the country can begin to acknowledge its past without passing it on indefinitely to future generations. The government has already taken several steps. It is supporting the search for the truth at Chemmani. It has begun reaching out to families of the disappeared. Its own institutions are producing messages of reconciliation. But these are still not delivering the results that the victims and their families want. The next step should be to bring these efforts together to begin the journey from the missing to the missing truth, and from there to comprehensive justice.
Features
The long road to educating Sri Lanka’s Bhikkhunis
A robe without recognition:
by Anushka Kahandagamage
Education is the right of every child. Yet somewhere between childhood and the robe, that right becomes precarious for many Buddhist women in Sri Lanka, threatening not only their social standing, but their fundamental access to learning and the institutional discrimination they face. This piece is not about Buddhist disciplinary rules, which discriminates women, rather about how the state’s refusal to fully recognise bhikkhunis as bhikkhunis quietly determines what they are, and are not, permitted to learn.
Unlike dasasil mathas, who occupy a distinct and unofficial category within Buddhist renunciation, bhikkhunis belong to a formally ordained order recognised within Buddhist monastic tradition itself. Dasa sil mata means ‘ten-precept mother.’ They are women who observe the ten precepts (rather than the fuller Vinaya) and live a renunciant, celibate life, often in robes, but formal ordination has not translated into formal recognition by the state. Even after a Supreme Court ruling affirmed their right to be identified as bhikkhunis on their National Identity Cards, many still do not hold one. This stems from the hesitation of the male-dominated Buddhist hierarchy to recognise these women as part of the Theravada tradition, specifically refusing to validate their higher ordination. The identity card lists her title as Dasa Sil Mata. The ruling exists on paper, but they are still waiting for their identity cards. This is not a small bureaucratic oversight. It is the first link in a longer chain, one that reaches, eventually, into the classroom.
A Name Withheld
In Sri Lanka, there are 827 pirivenas, traditional monastic colleges that have, for centuries, served as the primary institutions of Buddhist education. Of these, only 12 are dedicated to female renunciants at all, and of those 12, just five serve fully ordained nuns specifically. The imbalance is stark on its face: 827 institutions for monks, five for fully ordained nuns. But the discrimination here is not only a matter of numbers, but it is also written into the very language used to name these institutions. Monks’ schools are called pirivena, a term carrying centuries of institutional weight, historical continuity, and state recognition under Sri Lanka’s education laws. Bhikkhunis’ schools, by contrast, are not called pirivenas at all. They are designated Buddha Sravika Meheni Adhyapana Ayathanaya (Institute for the Education of Buddha’s Female Disciples), a separate, parallel term that, however similar in function, withholds from bhikkhuni institutions the same legal and institutional status that the word ‘pirivena’ confers. Since there are ten-precept mothers, the institutes have not given the same name as the pirivena and lack the official as well as social recognition they deserve.
A Pattern a Century in the Making
Following the decline of the Buddhist nun (bhikkhuni) order after the Polonnaruwa period, the first woman to be robed again was ordained in 1905 as a dasasil matha. Although dasasil mathas have long served important religious and societal roles, they have historically lacked access to formal education. Unfortunately, today also, this pattern continuous to exist. Education, in this context, is never just about literacy or dhamma study. It is the currency of religious authority. A bhikkhuni denied equivalent education or educated in an institution the state refuses to name a pirivena, is denied that religious authority. She may know the Tipitaka as well as any monk yet will lack the institutional stamp that would make a lay community trust her reading of it. It was not indifference from the public; it was the accumulated effect of a system that has spent centuries teaching devotees, implicitly, that a woman’s robe does not carry the same weight as a man.
The female renunciants, both dasasil mathas and bhikkunis, although they wear robes, have not been regarded as individuals capable of comprehending or preaching dhamma, simply because they are women. This is most visible in education, the pirivena system, developed historically to train bhikkhus, offered dasasil mathas and bhikkunis no equivalent institutional pathway, no comparable curriculum, certification, or state recognition. This exclusion is notable because it runs counter to Sri Lanka’s broader educational trends, where women have historically outnumbered men in general university enrolment, the gap here is specific to monastic/religious education rather than a reflection of wider societal restrictions on women’s schooling. The country’s National Education Commission Policy has a section on Pirivena education. However, it does not address the education of Buddhist nuns, nor does it mention nuns within the policy. I recently learned that the policy was being reviewed, with a committee appointed by the Ministry of Education, scheduled to begin the review on the 1st of September. This presents an important opportunity to raise the issue of nuns’ education and advocate for its inclusion in the revised policy.
The monks and nuns’ education institutes are funded by the government, which allocates only 5,000–6,000 LKR per student for the entire year. This sum is grossly inadequate to cover even basic institutional needs, accommodation, food, learning materials, and the maintenance of the physical premises, let alone to support any meaningful expansion of the curriculum. With this level of funding, these education institutes are struggling to sustain themselves, and many are forced to rely almost entirely on external support simply to remain operational. This is where the disparity becomes most visible. As female renunciants have historically not been taken seriously, regarded neither as authoritative teachers of dhamma nor as figures worthy of the same reverence extended to their male counterparts, their education centres receive far fewer lay offerings than those for male renunciants. The result is a widening resource gap that mirrors and reinforces the very discrimination that caused it. Underfunded institutions produce fewer well-trained female scholars, which in turn reinforces the perception that female renunciants are less capable, a perception that then justifies continued underinvestment. Without deliberate intervention, either through equitable government allocation or targeted lay support, this cycle is likely to persist rather than resolve on its own.
Sitting Alone at the Bo Tree
I was at Jaya Sri Maha Bodhi in Anuradhapura, where a few monks sat preaching in the shade of the Bo Tree, each surrounded by small clusters of lay devotees. Nearby, I noticed a few female Buddhist renunciants, though I could not immediately tell whether they were bhikkhunîs or dasasil mathas, since visually, in their robes and demeanour, they appeared indistinguishable to an outside observer. Most of them sat alone, without the small crowds of devotees gathered around the monks nearby. This, too, is not incidental. Because women cannot enter the sâsana through the same pathway to ordination, available to men, many Buddhist female renunciants remain dasasil mathas, a status that carries the appearance of monastic life without its legitamised spiritual standing. They observe the 10 precepts, wear robes, and live in renunciation, yet occupy a lower, unofficial rung in the religious hierarchy, one that grants them neither the ordination lineage nor the institutional recognition given to monks. However, in June last year, the Supreme Court of Sri Lanka delivered a landmark majority ruling in SC/FR/218/2013, affirming that fully ordained Buddhist nuns have the fundamental right to use the title ‘Bhikkhuni’ on their National Identity Cards, legally recognising the de facto existence of the Bhikkhuni Sanga.
A Closed Loop
Social discrimination and educational discrimination feed each other in a closed loop. Because bhikkhunis have fewer, less recognised institutions, fewer are formally trained to a standard the public recognises. Because fewer are recognised as authoritative teachers, fewer devotees seek them out or support them. Because they attract fewer devotees, the education institutions of female renunciants remain under-resourced and easy to overlook in state budgets and in popular imagination alike. A dasasil matha or bhikkhuni without an active following also lacks the economic support that following brings, since in Sri Lanka’s monastic economy, devotees are patrons as much as students. The precarity is not only spiritual or bureaucratic; it is material, and it compounds across a lifetime spent in robes.
Until bhikkhunis’ education is named, funded, and recognised on the same terms as that of bhikkhus, this will remain a story not only about missing ID cards or under-resourced schools, but about an education system that continues to decide, quietly and continuously, which students are worth investing in. Education was supposed to be the one place where the women can speak for themselves, instead, for these women, it has become just another place where women have to ask permission to be heard.
(Anushka is a Sociologist who is working on contemporary Buddhist movements. She was formerly attached to the University of Colombo)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
Features
‘Memories of Milton – Live in Concert’ to enchant Dubai
Sri Lankan music knows no borders. Wherever our people go, our melodies follow — and our musicians make sure of it.
From Qatar’s Exit, to Melbourne’s EBONY, to Toronto’s Ceymphony, and Dubai’s Seven Notes, Sri Lankan bands abroad continue to keep the community connected to home, through song.
In July, Rajiv Sebastian set the Dubai stage alight with the band Seven Notes, creating an unforgettable night for Sri Lankans in the UAE. And the live-wire behind that magic? Niluk Uswaththa of Seven Notes.
Well, Niluk says he isn’t stopping there.
Now, Dubai is preparing for something truly special — ‘Memories of Milton – Live in Concert’, a grand musical tribute to one of Sri Lanka’s most beloved voices: Milton Mallawarachchi.
For more than a decade, Milton Mallawarachchi was a trending force in Sri Lankan music. With nearly 850 songs and over 35 albums to his name, he gave us melodies that became the soundtrack to our lives — songs of love, longing, and life itself.
On Saturday, 26th September 2026, from 8:00 PM to 3:00 AM, the Mercure Hotel, Al Barsha Heights, Dubai, will transform into a space of nostalgia.

Ranil Mallawarachchi; Carrying forward his father’s legacy / Yenuli Neriah
With the spotlight on Ranil Mallawarachchi — Milton’s eldest son, carrying forward his father’s legacy — along with Yenuli Neriah and Tharaka, the evening will certainly bring Milton’s timeless classics back to life … on one stage.
Seven Notes will do the needful, providing the live music that made Dubai dance before.
According to Niluk, this isn’t just a concert.
“It’s designed as a nostalgic musical journey — to bring cherished memories and beloved songs back to life,” he says.
And he promises: 26th September will be a night to remember.
In fact, Niluk Uswaththa has become a driving force for Sri Lankan entertainment in Dubai.
Through Seven Notes, he ensures the community always has something special to look forward to — especially when it comes to music that feels like home.
The success of these overseas shows naturally raises one big question back in Sri Lanka.
Yes, music lovers, in Sri Lanka, are keen to know whether the Seven Notes band will pop up in Colombo, sometime soon, for a live performance?
Music lovers, island-wide, will be watching … and waiting!
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