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Nawaz Commission report holds key to government response at UNHRC

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Foreign Minister Vijitha Herath at the UNHRC

by Jehan Perera

The United Nations Human Rights Council (UNHRC) sessions in Geneva have regularly been a focal point of controversy for Sri Lanka. Since 2009, the year the thirty-year internal war ended, the country has been the subject of multiple resolutions aimed at addressing human rights violations and war crimes committed during and after the war. These resolutions have been met with strong resistance from successive Sri Lankan governments, which have accused the UNHRC of double standards and external interference in the country’s internal affairs. Nationalist political factions have often used the UNHRC’s actions as a rallying point to stir anger against the international community and ethnic minorities within Sri Lanka, further deepening divisions within the country.

However, the ongoing UNHRC sessions have seen a notable shift in Sri Lanka’s approach. Unlike in previous years, where government delegations clashed openly with UNHRC representatives, the government representatives delivered speeches that emphasised Sri Lanka’s commitment to international human rights norms. Foreign Minister Vijitha Herath reaffirmed Sri Lanka’s commitment to independent and credible domestic mechanisms within the constitutional framework to address post-war issues of national reconciliation. He emphasised that institutions such as the Office on Missing Persons (OMP), Office for Reparations (OR), and Office for National Unity and Reconciliation (ONUR) will be strengthened.

Foreign Minister Herath also said, “The Government led by President Anura Kumara Disanayaka is firmly and sincerely committed to working towards a unified Sri Lanka that respects and celebrates the diversity of its people with no division or discrimination based on race, religion, class and caste. We will not leave room for a resurgence of divisive racism or religious extremism in our country. The fundamental and longstanding principles of democracy and freedom enshrined in our Constitution will be fully respected and safeguarded while protecting the human rights of all citizens. Every citizen should feel free to practice their religion, speak their language, and live according to their cultural values without fear or discrimination. No one should feel that their beliefs, culture, or political affiliations will make them targets of undue pressure or prejudice.”

NAWAZ COMMISSION

However, while the speech did Sri Lanka proud, it largely revolved around broad commitments to human rights rather than addressing specific allegations of war crimes, enforced disappearances, and militarisation in the North and East of the country.  For instance, UNHRC Resolution 25/1, adopted in 2014, mandated the Office of the High Commissioner for Human Rights (OHCHR) to conduct an independent investigation into allegations of human rights violations during the final phases of the war. More recently, in 2021, a resolution was passed that granted the UN human rights office a mandate to collect and preserve evidence of war crimes for potential future prosecutions. Successive Sri Lankan governments have rejected these resolutions, viewing them as politically motivated and unfairly targeted at the country’s military and political leadership.

 Despite these criticisms, the international community has continued to push for accountability. The extension of the OHCHR’s Sri Lanka Accountability Project in October 2024 highlighted the international perception that Sri Lanka has not done enough to ascertain the truth of what happened in the past and to take action against those who perpetrated war crimes and gross human rights violations during the war period.  Foreign Minister Vijitha Herath’s response to this was to say in Geneva, “The contours of a truth and reconciliation framework, will be further discussed with the broadest possible cross section of stakeholders, before operationalization to ensure a process that has the trust of all Sri Lankans.”

The solution of a truth and reconciliation commission is a concept that has taken root and evolved from within the country. The recommendations of the Presidential Commission to Investigate Findings of Previous Commissions of Inquiry on Human Rights chaired by Supreme Court Justice A.H.M.D. Nawaz makes this clear.  This Commission was entrusted with the huge task of evaluating the findings of previous Presidential Commissions of Inquiry and assessing their implementation. The Commission’s interim reports, published in 2022 and 2023, and its final report, submitted in January 2024, provide a comprehensive analysis of Sri Lanka’s human rights landscape. The report provides a clear answer—Sri Lanka must establish a Truth and Reconciliation Commission to formally address past injustices, provide justice for victims, and prevent future conflict.

OVERCOMING MISTRUST

The pivotal recommendation from the Nawaz Commission is the formation of a Truth and Reconciliation Commission. As articulated in paragraph 1043 of the report: “Undoubtedly, the Truth and Reconciliation Commission can provide a historical record of serious violations of human rights and international humanitarian law, and influence institutional reforms in law and practice to promote and protect human rights. Critically, they assist in ensuring accountability for serious violations, which is fundamental in order to prevent potential violations, promote compliance with the law, and provide avenues of justice and redress for victims.” By establishing an authoritative historical record, the Truth and Reconciliation Commission can dispel misinformation, acknowledge the suffering of victims, and pave the way for meaningful reforms.

Sri Lanka’s history is replete with numerous commissions of inquiry, each established with the intent to investigate specific incidents or periods of unrest. The Nawaz report goes painstakingly into them. Notable among these are the Three Presidential Commissions of 1994, which investigated violations from 1987 to 1990 but were prematurely halted; the All-Island Presidential Commission of 1998, which built on the earlier inquiries and issued a report in 2002, calling for judicial action; The 2001 Presidential Truth Commission on Ethnic Violence (1981-84), which investigated the 1983 riots. While some victims received compensation in 2004, there was no accountability for perpetrators; The 2006 Udalagama Commission, which investigated cases like the Trincomalee five students and the 17 ACF humanitarian workers but lacked follow-through; The 2010 Lessons Learnt and Reconciliation Commission (LLRC), which reviewed events from 2002 to 2009 and made many recommendations that were not implemented; The 2013 Paranagama Commission, which examined missing persons and civilian casualties during the final years of the war and led to the setting up of the Office on Missing Persons (OMP) in 2016.

 The recurring theme across these commissions is a pervasive sense of disillusionment among victims and the broader populace. As the Nawaz Commission which went through them in detail poignantly observes, “Our island nation has had a surfeit of commissions. Many witnesses who testified before this commission narrated their disappointment of going before previous commissions and achieving nothing in return.”  This sentiment highlights the critical need for a Truth and Reconciliation Commission that not only investigates but also ensures the implementation of its recommendations, thereby restoring public trust in transitional justice mechanisms. The Nawaz commission being an internal one, entirely funded and supported by the Sri Lankan government, documented and analysed material that was also gathered by other national commissions. This would dispel any notion of an international conspiracy behind it.

IMMEDIATE ACTIONS

The government’s recent approach at the UNHRC suggests a willingness to engage diplomatically. However, for its credibility to grow and for trust to develop, this engagement must be backed by concrete action and be more inclusive in its scope to include key stakeholder groups. The government also needs to move beyond general statements and take tangible steps to address the concerns raised by the international community. Key steps could include Returning Land to Displaced Communities.  Many communities in the Northern and Eastern provinces remain displaced due to land occupied by the military. The government should expedite the process of returning these lands to their rightful owners to restore livelihoods and promote reconciliation.

This needs to be buttressed by Releasing Long-Term Detainees.  A significant number of individuals remain in detention under the Prevention of Terrorism Act (PTA), some without formal charges. Ensuring due process and releasing those against whom there is no credible evidence would demonstrate a genuine commitment to justice and human rights.  Finally, the government also needs to set about Reducing Military Presence in the North and East. The continued military presence in civilian areas fuels tensions and undermines reconciliation efforts. Demilitarization, along with empowering local governance structures, would be a crucial step toward normalizing life in these regions.

The government needs to back up its diplomatic engagement with the UNHRC and other international and national stakeholders with real, measurable actions. Addressing core issues such as land restitution, the release of detainees, and demilitarisation would not only help rebuild trust with the international community but also contribute internally to national unity and reconciliation.  This needs to be followed by the establishment of a Truth and Reconciliation Commission that is established in consultation with all stakeholders and is genuinely implemented.

Usually, stakeholders are limited to victims and survivor groups and some government institutions. Ideally, stakeholders should also include, the media and journalists, judiciary and legal institutions, CSOs, NGOs and religious and community leaders, who recognise the need for a Truth and Reconciliation process.  The Nawaz Commission Report has laid the groundwork for this vital initiative, and it is up to all of them to ensure its success. Sri Lanka has the potential to be the voice of conscience in a world that is increasingly troubled by the breakdown of international norms. Sri Lanka can do its part to contribute to healing processes in the world.



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Meet the women protecting India’s snow leopards

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These women work with the local forest department to track and protect the snow leopard species [BBC]

In one of India’s coldest and most remote regions, a group of women have taken on an unlikely role: protecting one of Asia’s most elusive predators, the snow leopard.

Snow leopards are found in just 12 countries across Central and South Asia. India is home to one of the world’s largest populations, with a nationwide survey in 2023 – the first comprehensive count ever carried out in the country – estimating more than 700 animals, .

One of the places they roam is around Kibber village in Himachal Pradesh state’s Spiti Valley, a stark, high-altitude cold desert along the Himalayan belt. Here, snow leopards are often called the “ghosts of the mountains”, slipping silently across rocky slopes and rarely revealing themselves.

For generations, the animals were seen largely as a threat, for attacking livestock. But attitudes in Kibber and neighbouring villages are beginning to shift, as people increasingly recognise the snow leopard’s role as a top predator in the food chain and its importance in maintaining the region’s fragile mountain ecosystem.

Nearly a dozen local women are now working alongside the Himachal Pradesh forest department and conservationists to track and protect the species, playing a growing role in conservation efforts.

Locally, the snow leopard is known as Shen and the women call their group “Shenmo”. Trained to install and monitor camera traps, they handle devices fitted with unique IDs and memory cards that automatically photograph snow leopards as they pass.

“Earlier, men used to go and install the cameras and we kept wondering why couldn’t we do it too,” says Lobzang Yangchen, a local coordinator working with a small group supported by the non-profit Nature Conservation Foundation (NCF) in collaboration with the forest department.

Yangchen was among the women who helped collect data for Himachal Pradesh’s snow leopard survey in 2024, which found that the state was home to 83 snow leopards – up from 51 in 2021.

Spiti Wildlife Division A snow leopard looks into the camera
Snow leopards are often called the “ghosts of the mountains” because they are so hard to spot [BBC]

The survey documented snow leopards and 43 other species using camera traps spread across an area of nearly 26,000sq km (10,000sq miles). Individual leopards were identified by the unique rosette patterns on their fur, a standard technique used for spotted big cats. The findings are now feeding into wider conservation and habitat-management plans.

“Their contribution was critical to identifying individual animals,” says Goldy Chhabra, deputy conservator of forests with the Spiti Wildlife Division.

Collecting the data is demanding work. Most of it takes place in winter, when heavy snowfall pushes snow leopards and their prey to lower altitudes, making their routes easier to track.

On survey days, the women wake up early, finish household chores and gather at a base camp before travelling by vehicle as far as the terrain allows. From there, they trek several kilometres to reach camera sites, often at altitudes above 14,000ft (4,300m), where the thin air makes even simple movement exhausting.

The BBC accompanied the group on one such trek in December. After hours of walking in biting cold, the women suddenly stopped on a narrow trail.

Yangchen points to pugmarks in the dust: “This shows the snow leopard has been here recently. These pugmarks are fresh.”

Devesh Chopra/BBC A woman wearing a black and red scarf writes something in her notebook and a camera trap is placed in front of her.
The women set up cameras with unique IDs and memory cards, which capture an image of a snow leopard as soon as it passes through [BBC]

Along with pugmarks, the team looks for other signs, including scrapes and scent‑marking spots, before carefully fixing a camera to a rock along the trail.

One woman then carries out a “walk test”, crawling along the path to check whether the camera’s height and angle will capture a clear image.

The group then moves on to older sites, retrieving memory cards and replacing batteries installed weeks earlier.

By mid-afternoon, they return to camp to log and analyse the images using specialised software – tools many had never encountered before.

“I studied only until grade five,” says Chhering Lanzom. “At first, I was scared to use the computer. But slowly, we learned how to use the keyboard and mouse.”

The women joined the camera-trapping programme in 2023. Initially, conservation was not their motivation. But winters in the Spiti Valley are long and quiet, with little agricultural work to fall back on.

“At first, this work on snow leopards didn’t interest us,” Lobzang says. “We joined because we were curious and we could earn a small income.”

The women earn between 500 ($5.46; £4) and 700 rupees a day.

But beyond the money, the work has helped transform how the community views the animal.

Spiti Wildlife Division A woman looks at a computer screen which has a grab of a leopard.
Images captured by the camera traps are analysed using a special software [BBC]

“Earlier, we thought the snow leopard was our enemy,” says Dolma Zangmo, a local resident. “Now we think their conservation is important.”

Alongside survey work, the women help villagers access government insurance schemes for their livestock and promote the use of predator‑proof corrals – stone or mesh enclosures that protect animals at night.

Their efforts come at a time of growing recognition for the region. Spiti Valley has recently been included in the Cold Desert Biosphere Reserve, a Unesco-recognised network aimed at conserving fragile ecosystems while supporting local livelihoods.

As climate change reshapes the fragile trans-Himalayan landscape, conservationists say such community participation will be crucial to safeguarding species like the snow leopard.

“Once communities are involved, conservation becomes more sustainable,” says Deepshikha Sharma, programme manager with NCF’s High Altitudes initiative.

“These women are not just assisting, they are becoming practitioners of wildlife conservation and monitoring,” she adds.

As for the women, their work makes them feel closer to their home, the village and the mountains that raised them, they say.

“We were born here, this is all we know,” Lobzang says. “Sometimes we feel afraid because these snow leopards are after all predatory animals, but this is where we belong.”

[BBC]

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Freedom for giants: What Udawalawe really tells about human–elephant conflict

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Too many vehicles entering national parks

If elephants are truly to be given “freedom” in Udawalawe, the solution is not simply to open gates or redraw park boundaries. The map itself tells the real story — a story of shrinking habitats, broken corridors, and more than a decade of silent but relentless ecological destruction.

“Look at Udawalawe today and compare it with satellite maps from ten years ago,” says Sameera Weerathunga, one of Sri Lanka’s most consistent and vocal elephant conservation activists. “You don’t need complicated science. You can literally see what we have done to them.”

What we commonly describe as the human–elephant conflict (HEC) is, in reality, a land-use conflict driven by development policies that ignore ecological realities. Elephants are not invading villages; villages, farms, highways and megaprojects have steadily invaded elephant landscapes.

Udawalawe: From Landscape to Island

Udawalawe National Park was once part of a vast ecological network connecting the southern dry zone to the central highlands and eastern forests. Elephants moved freely between Udawalawe, Lunugamvehera, Bundala, Gal Oya and even parts of the Walawe river basin, following seasonal water and food availability.

Today, Udawalawe appears on the map as a shrinking green island surrounded by human settlements, monoculture plantations, reservoirs, electric fences and asphalt.

“For elephants, Udawalawe is like a prison surrounded by invisible walls,” Sameera explains. “We expect animals that evolved to roam hundreds of square nationakilometres to survive inside a box created by humans.”

Elephants are ecosystem engineers. They shape forests by dispersing seeds, opening pathways, and regulating vegetation. Their survival depends on movement — not containment. But in Udawalawa, movement is precisely what has been taken away.

Over the past decade, ancient elephant corridors have been blocked or erased by:

Irrigation and agricultural expansion

Tourism resorts and safari infrastructure

New roads, highways and power lines

Human settlements inside former forest reserves

Sameera

“The destruction didn’t happen overnight,” Sameera says. “It happened project by project, fence by fence, without anyone looking at the cumulative impact.”

The Illusion of Protection

Sri Lanka prides itself on its protected area network. Yet most national parks function as ecological islands rather than connected systems.

“We think declaring land as a ‘national park’ is enough,” Sameera argues. “But protection without connectivity is just slow extinction.”

Udawalawe currently holds far more elephants than it can sustainably support. The result is habitat degradation inside the park, increased competition for resources, and escalating conflict along the boundaries.

“When elephants cannot move naturally, they turn to crops, tanks and villages,” Sameera says. “And then we blame the elephant for being a problem.”

The Other Side of the Map: Wanni and Hambantota

Sameera often points to the irony visible on the very same map. While elephants are squeezed into overcrowded parks in the south, large landscapes remain in the Wanni, parts of Hambantota and the eastern dry zone where elephant density is naturally lower and ecological space still exists.

“We keep talking about Udawalawe as if it’s the only place elephants exist,” he says. “But the real question is why we are not restoring and reconnecting landscapes elsewhere.”

The Hambantota MER (Managed Elephant Reserve), for instance, was originally designed as a landscape-level solution. The idea was not to trap elephants inside fences, but to manage land use so that people and elephants could coexist through zoning, seasonal access, and corridor protection.

“But what happened?” Sameera asks. “Instead of managing land, we managed elephants. We translocated them, fenced them, chased them, tranquilised them. And the conflict only got worse.”

The Failure of Translocation

For decades, Sri Lanka relied heavily on elephant translocation as a conflict management tool. Hundreds of elephants were captured from conflict zones and released into national parks like Udawalawa, Yala and Wilpattu.

Elephant deaths

The logic was simple: remove the elephant, remove the problem.

The reality was tragic.

“Most translocated elephants try to return home,” Sameera explains. “They walk hundreds of kilometres, crossing highways, railway lines and villages. Many die from exhaustion, accidents or gunshots. Others become even more aggressive.”

Scientific studies now confirm what conservationists warned from the beginning: translocation increases stress, mortality, and conflict. Displaced elephants often lose social structures, familiar landscapes, and access to traditional water sources.

“You cannot solve a spatial problem with a transport solution,” Sameera says bluntly.

In many cases, the same elephant is captured and moved multiple times — a process that only deepens trauma and behavioural change.

Freedom Is Not About Removing Fences

The popular slogan “give elephants freedom” has become emotionally powerful but scientifically misleading. Elephants do not need symbolic freedom; they need functional landscapes.

Real solutions lie in:

Restoring elephant corridors

Preventing development in key migratory routes

Creating buffer zones with elephant-friendly crops

Community-based land-use planning

Landscape-level conservation instead of park-based thinking

“We must stop treating national parks like wildlife prisons and villages like war zones,” Sameera insists. “The real battlefield is land policy.”

Electric fences, for instance, are often promoted as a solution. But fences merely shift conflict from one village to another.

“A fence does not create peace,” Sameera says. “It just moves the problem down the line.”

A Crisis Created by Humans

Sri Lanka loses more than 400 elephants and nearly 100 humans every year due to HEC — one of the highest rates globally.

Yet Sameera refuses to call it a wildlife problem.

“This is a human-created crisis,” he says. “Elephants are only responding to what we’ve done to their world.”

From expressways cutting through forests to solar farms replacing scrublands, development continues without ecological memory or long-term planning.

“We plan five-year political cycles,” Sameera notes. “Elephants plan in centuries.”

The tragedy is not just ecological. It is moral.

“We are destroying a species that is central to our culture, religion, tourism and identity,” Sameera says. “And then we act surprised when they fight back.”

The Question We Avoid Asking

If Udawalawe is overcrowded, if Yala is saturated, if Wilpattu is bursting — then the real question is not where to put elephants.

The real question is: Where have we left space for wildness in Sri Lanka?

Sameera believes the future lies not in more fences or more parks, but in reimagining land itself.

“Conservation cannot survive as an island inside a development ocean,” he says. “Either we redesign Sri Lanka to include elephants, or one day we’ll only see them in logos, statues and children’s books.”

And the map will show nothing but empty green patches — places where giants once walked, and humans chose. roads instead.

By Ifham Nizam

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Challenges faced by the media in South Asia in fostering regionalism

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Main speaker Roman Gautam (R) and Executive Director, RCSS, Ambassador (Retd) Ravinatha Aryasinha.

SAARC or the South Asian Association for Regional Cooperation has been declared ‘dead’ by some sections in South Asia and the idea seems to be catching on. Over the years the evidence seems to have been building that this is so, but a matter that requires thorough probing is whether the media in South Asia, given the vital part it could play in fostering regional amity, has had a role too in bringing about SAARC’s apparent demise.

That South Asian governments have had a hand in the ‘SAARC debacle’ is plain to see. For example, it is beyond doubt that the India-Pakistan rivalry has invariably got in the way, particularly over the past 15 years or thereabouts, of the Indian and Pakistani governments sitting at the negotiating table and in a spirit of reconciliation resolving the vexatious issues growing out of the SAARC exercise. The inaction had a paralyzing effect on the organization.

Unfortunately the rest of South Asian governments too have not seen it to be in the collective interest of the region to explore ways of jump-starting the SAARC process and sustaining it. That is, a lack of statesmanship on the part of the SAARC Eight is clearly in evidence. Narrow national interests have been allowed to hijack and derail the cooperative process that ought to be at the heart of the SAARC initiative.

However, a dimension that has hitherto gone comparatively unaddressed is the largely negative role sections of the media in the SAARC region could play in debilitating regional cooperation and amity. We had some thought-provoking ‘takes’ on this question recently from Roman Gautam, the editor of ‘Himal Southasian’.

Gautam was delivering the third of talks on February 2nd in the RCSS Strategic Dialogue Series under the aegis of the Regional Centre for Strategic Studies, Colombo, at the latter’s conference hall. The forum was ably presided over by RCSS Executive Director and Ambassador (Retd.) Ravinatha Aryasinha who, among other things, ensured lively participation on the part of the attendees at the Q&A which followed the main presentation. The talk was titled, ‘Where does the media stand in connecting (or dividing) Southasia?’.

Gautam singled out those sections of the Indian media that are tamely subservient to Indian governments, including those that are professedly independent, for the glaring lack of, among other things, regionalism or collective amity within South Asia. These sections of the media, it was pointed out, pander easily to the narratives framed by the Indian centre on developments in the region and fall easy prey, as it were, to the nationalist forces that are supportive of the latter. Consequently, divisive forces within the region receive a boost which is hugely detrimental to regional cooperation.

Two cases in point, Gautam pointed out, were the recent political upheavals in Nepal and Bangladesh. In each of these cases stray opinions favorable to India voiced by a few participants in the relevant protests were clung on to by sections of the Indian media covering these trouble spots. In the case of Nepal, to consider one example, a young protester’s single comment to the effect that Nepal too needed a firm leader like Indian Prime Minister Narendra Modi was seized upon by the Indian media and fed to audiences at home in a sensational, exaggerated fashion. No effort was made by the Indian media to canvass more opinions on this matter or to extensively research the issue.

In the case of Bangladesh, widely held rumours that the Hindus in the country were being hunted and killed, pogrom fashion, and that the crisis was all about this was propagated by the relevant sections of the Indian media. This was a clear pandering to religious extremist sentiment in India. Once again, essentially hearsay stories were given prominence with hardly any effort at understanding what the crisis was really all about. There is no doubt that anti-Muslim sentiment in India would have been further fueled.

Gautam was of the view that, in the main, it is fear of victimization of the relevant sections of the media by the Indian centre and anxiety over financial reprisals and like punitive measures by the latter that prompted the media to frame their narratives in these terms. It is important to keep in mind these ‘structures’ within which the Indian media works, we were told. The issue in other words, is a question of the media completely subjugating themselves to the ruling powers.

Basically, the need for financial survival on the part of the Indian media, it was pointed out, prompted it to subscribe to the prejudices and partialities of the Indian centre. A failure to abide by the official line could spell financial ruin for the media.

A principal question that occurred to this columnist was whether the ‘Indian media’ referred to by Gautam referred to the totality of the Indian media or whether he had in mind some divisive, chauvinistic and narrow-based elements within it. If the latter is the case it would not be fair to generalize one’s comments to cover the entirety of the Indian media. Nevertheless, it is a matter for further research.

However, an overall point made by the speaker that as a result of the above referred to negative media practices South Asian regionalism has suffered badly needs to be taken. Certainly, as matters stand currently, there is a very real information gap about South Asian realities among South Asian publics and harmful media practices account considerably for such ignorance which gets in the way of South Asian cooperation and amity.

Moreover, divisive, chauvinistic media are widespread and active in South Asia. Sri Lanka has a fair share of this species of media and the latter are not doing the country any good, leave alone the region. All in all, the democratic spirit has gone well into decline all over the region.

The above is a huge problem that needs to be managed reflectively by democratic rulers and their allied publics in South Asia and the region’s more enlightened media could play a constructive role in taking up this challenge. The latter need to take the initiative to come together and deliberate on the questions at hand. To succeed in such efforts they do not need the backing of governments. What is of paramount importance is the vision and grit to go the extra mile.

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